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brisbane

level 16, 324 queen st,
brisbane qld 4000
+61 7 3235 0400

dandenong

40-42 scott st,
dandenong vic 3175
+61 3 9794 2600

melbourne

level 7, 600 bourke st,
melbourne vic 3000
+61 3 8615 9900

sydney

level 21, 20 bond st,
sydney nsw 2000
+61 2 8298 9533

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Scott Fitzgibbon

senior associate, commercial

meet Scott

about Scott

legal secretary: chris wills t: +61 3 9794 2681 e: chris.wills@mk.com.au

about Scott

Scott’s clients describe him as the person who gets them out of trouble. He is proud to be known as a problem solver and enjoys working with the no nonsense type of people who tend to be drawn to the manufacturing industry. Scott helps solve their legal issues so they can focus on the important things, like running their business safely and productively.

“My clients know I have their back and am prepared to invest in their cause.”

Scott’s work focuses on helping businesses that buy or sell products and services, dealing with everything from Competition Law issues to trade disputes.

Having over a decade of experience means that issues that seem insurmountable to his clients are quickly resolved as Scott sees and deals with them on a daily basis.

 

Areas of Expertise

competition and consumer advisory
competition law
consumer guarantees
debts, misleading and deceptive conduct
mergers and acquisitions
trade disputes

industries

manufacturing

recent experience

  • competition catastrophe avoided

    A European manufacturing client and its Australian subsidiary narrowly avoided ACCC scrutiny and potentially crippling penalties thanks to targeted competition advice they received from Scott. The client had proposed to acquire a major Australian competitor. Through his extensive manufacturing industry knowledge, Scott was able to demonstrate that a recent change to the law prohibiting ‘concerted practices’, or coordination between competitors, dramatically increased the risk involved with the acquisition. Prior to the law change this would have been minor. Thanks to the advice, the client was able to pursue a safer investment strategy.

  • accidental copyright infringement

    A former employee of a vehicle manufacturing client downloaded design software onto a company computer without paying for the licence to use it. The software lay dormant on the computer until a new employee opened it some months later. This triggered an alert to the software owner and a demand for damages for infringement of copyright was issued. Scott and team were able to intervene, demonstrating the history of the download, its inadvertent and extremely limited use and the absence of any commercial benefit of the program to the client. A settlement was reached on reasonable terms without the matter moving to court.

  • anti-competition ACCC allegations

    A manufacturing client became the subject of regulatory scrutiny over seemingly normal discussions between industry competitors, which the ACCC alleged were anti-competitive. Scott and his team undertook a program of actions to allow the client to defend himself to the ACCC. They were engaged to educate the client on relevant competition laws and how discussions between parties in the same industry can result in significant financial and reputational damage. They prepared materials and ran seminars tailored to the client’s business, discussing the specific risks it faced. This program was then used to demonstrate to the ACCC that the client had taken genuine and meaningful steps to change its behaviour.