Wine Industry Services
Summarised Wine Industry Experience - Fraser Goldsmith
Industry Memberships/Roles:
- Member, International Wine Lawyers' Association since 1995
- Founding Member, Australasian Chapter of the IWLA
- Honorary Solicitor to the Central Otago Winegrowers' Association since its inception
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Honorary Solicitor to Central Otago Pinot Noir Limited (the Central Otago regional marketing company) since its inception
Commercial Legal Adviser at various times over the last 20 years (not exclusively) to [1]:
Industry bodies
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NZ Winegrowers (USA) Limited (the industry’s collaborative fine wine marketing initiative in the USA)
Bottling Companies
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VinPro Limited
Wineries
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Cairnmuir Road Winery Limited (Carrick)
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Chard Farm Limited
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Amisfield Wine Company Limited
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Olssen's Garden Vineyard Limited
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Gibbston Valley Wines Limited
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Warburn Estate Pty Limited
'Own Brand' Winemakers
(i.e. who do not have their own wineries)
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Lowburn Ferry
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Tarras Vineyards
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Aurora Vineyard
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Bannock Brae Estate
Importers/Exporters/Distributors
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Station Imports NZ Limited (US distributor for Rippon, Kawarau Estate, Free Fall, Sleeping Dogs, and others)
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Index Distribution Limited
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(Exporting agent to India for various New Zealand and Australian labels)
Vineyard developers
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Pisa Wine Estates Limited
Areas of Wine Industry-related experience
I give advice principally in relation to:
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Governance and structural advice (e.g. for NZWUSA)
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commercial dispute management eg between grape growers and wineries, between wineries and wine makers, and between shareholders;
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insolvency : work-outs, receivership, priority disputes
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grape supply, winemaking and bottling agreements;
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distribution and exporting agreements;
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debt recovery
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industry regulatory issues (either at a policy level eg for COWA, at winery level eg NZFSA investigation/prosecutions);
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some IP work – brand licensing, trade mark disputes etc;
Examples of wine industry-related retainers:
I have advised;
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Numerous winery and vineyard clients regarding BAU commercial contracting (e.g. grape supply, winemaking and bottling agreements)
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Industry bodies regarding constitutional arrangements
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An industry body regarding negotiation of funding terms with New Zealand Trade & Enterprise and regarding competition law compliance issues
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A winery regarding an NZFSA investigation and prosecution of labelling and wine management plan deficiencies
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A wine making/processing company regarding insolvency of a vineyard company
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A wine making/processing company regarding insolvency of Anthem Holdings Limited (in Receivership), including strategic guidance and management of two High Court proceedings
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McArthur Ridge vineyard development lot owners over insolvency-related arrangements
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A wine making/processing company regarding debt recovery proceedings against numerous 'own brand' customers
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A wine making company regarding arbitration over grape supply agreement and vineyard management disputes with a contract grape grower
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The major creditor of a Gibbston area former 'own brand' wine company and vineyard owners regarding structuring, refinancing, asset realisation and inter-creditor disputes
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The major shareholder in a Cromwell area vineyard company regarding inter-shareholder structuring, financing, guarantee and dispute resolution issues
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A wine company over marketing/commission sales agreement issues
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An 'own brand' vineyard owner over a bsnk work-out/compromise arrangement
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A winery regarding post-settlement disputes with a business purchaser over assignment of winemaking contracts
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A winemaking client regarding disputes with a winemaking business purchaser over contract post-termination obligations
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A bottling company over security priority and enforcement issues regarding insolvent vineyard clients.
- I have advised extensively on security enforcement and security priority issues as part of general commercial advisory work.
- I have advised the Receivers on approximately 75 company receiverships since 1986.
My areas of expertise
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Commercial and legal strategy
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Governance support
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Contract and trade practices law
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Private corporate structuring
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Health sector work
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Wine industry work
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Plain language drafting
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Insolvency
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Commercial dispute management
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Competition and regulatory work
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e-Commerce and telecommunications work
Publications/Professional Roles
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Co-Presenter, NZLS Seminar on Drafting Commercial Contracts
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Co-Presenter to 2007 LexisNexis Government Contracting Conference on Indemnity and Liability Issues
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Author, "Plain English Drafting" section of LexisNexis' New Zealand Forms and Precedents
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Co-Author, LexisNexis' Electronic Business and Technology Law
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Member, NZLS E-commerce Subcommittee
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Co-Presenter, NZLS Workshop on Doing Business Online
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Co-Presenter of Technology Law Society Seminar on Limitation of Liability
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Member of Ministry of Justice/NZLS advisory group on E-filing (electronic filing of Court documents)
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Former Chairman, Anderson Lloyd partnership
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Honorary Solicitor to Otago University Students Association, Central Otago Winegrowers Association, Central Otago Pinot Noir Limited, Lowburn Community Action Group Inc.
[1] Not exclusively and not necessarily currently as many wine industry clients remain clients of my former firm, Anderson Lloyd.