Commercial Law, Licensing & Regulation, Restitution & Equity, Contract Design Legal Liaison Ltd t/as Clean Law Commercial Law, Licensing & Regulation, Restitution & Equity, Contract Design Legal Liaison Ltd t/as Clean Law

When Illegality Meets Fairness in Contract Enforcement

When an unlicensed property agent helped a childcare company find sites, millions in commission were at stake. In Creative Academy v White Pointer (2024), the NSW Court of Appeal split on how far licensing laws reach — but agreed on one thing: restitution wasn’t available. The case shows that fairness comes not from refunding risk but from structuring it — precisely what Clean Law’s escrow oversight achieves.

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When a Licence Almost Took a Brand Away From Its Owner

A licensing agreement for cheddar and butter was later argued to stop Bega from using its own name on new products. In Fonterra v Bega (2021), the Court confirmed the licence extended only to the products it defined. The decision highlights the power of precise wording in determining who controls a brand’s growth.

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