Volume 5 Issue 1 September 2000

Special Edition - Wine Law

Suzanne Corcoran and Anthony Willis <introduction >

A List Of AIDV Papers Held At Flinders School Of Law
<click here for list >

Structural Options For The International Sale Of Wine
Bruce G Drinkwater

Elements Of A Wine Distribution Agreement
James M Seff

Negotiation Of Grape Supply Agreement
Stephen Lendrum and James Omond

The Australian System Of Registration And Protection Of Geographical Indications For Wines
Stephen Stern and Christine Fund

Trade Marks And The Overlap With Geographical Indications
Will Taylor

Winery Waste Management: A Legal Context
Fraser Bell

Winery Waste Management - The New Zealand Experience
David McGregor

The 'Vales' Case
Rick Cullen

Volume 5 Issue 2 June 2001


Which Way To Damascus? A Bill Of Rights Or Chapter III Of The Constitution
Graham Hill

Expanding The Defences To Murder: A More Fair And Logical Approach
Ken Arenson

International Justice Under The Shadow Of Realpolitik: Revisiting The Establishment Of The Ad Hoc International Criminal Tribunals Jackson Maogoto

Common Law Conflict Of Laws Rules And The Protection Of The Cultural Heritage: A Conflict Between The Two?
Vinay Reddy

Canadian Residential Schools ? The Demands Reparations For
Tony Buti


Upsetting The Standard: Allegations Of Child Abuse And The Family Court
S v R
And The Children’s Representative (1999) 24 Fam LR 213
Ashley Files

Synopses - Volume 5 Issue 1 September 2000


The wine industry is a major Australian industry, and also one that is truly international, not only because it exports a substantial proportion of its produce, but also because Australian winemakers spend a lot of time making wine in other parts of the world. The Australian wine industry is also a leader in the development of new wine technologies, including sophisticated biotechnology related to grape yield and variety. As with other specialised industries, a body of law has developed in support of the industry. Increasingly, that body of law is not only specialised but transnational; reflecting the realities of the modern wine market.

Wine law is a mix of legal disciplines relevant to the wine industry and having identifiable adaptations which reflect the specialised requirements of the industry. For example, grape supply contracts are a specialised type of contract requiring clauses dealing with technical requirements such as baume and practical problems such as timely refusal of an extremely perishable product; grapes. Similarly, intellectual property problems relating to wine include protection of new biogenetic material, the development and protection of geographical indicators and trademark and copyright issues. Information technology also presents interesting legal issues connected to such things as the development of internet wine marketing.

This special edition of the Flinders Journal of Law Reform is a joint effort of the Flinders University School of Law and the Australasian Chapter of the Association Internationale des Juristes du Droit de la Vigne et du Vin (AIDV). Flinders University sits on the edge of two important and expanding South Australian wine regions, the Adelaide Hills and the McLaren Vale. It is not surprising that many people around the University, including the lawyers, have some professional interest in the wine industry. The AIDV is an international association based in Paris with chapters and members around the world. The AIDV is also known by the English translation of its name, the International Wine Law Association (IWLA).

This special edition includes papers presented by members of the Association to meetings in Australia of both the International Association and the Australasian Chapter. Flinders law students and staff have collated and edited the papers. The papers have been kept in the style of conference papers and some large attachments or charts have been omitted due to space considerations. Copies of such materials are available from the FJLR on request. It is a small selection of the papers actually presented at AIDV conferences. A collection of all available papers will be kept at Flinders and will also be available through the Association. A list of all papers and the index of this special edition will be made available in the future on the Flinders Law web site, and the AIDV web site, www.aidv.org. We hope to have more special wine law editions in the future as lawyers from Australia and overseas contribute their expertise to the development of a growing body of law that is professionally challenging in an industry of international significance.

Suzanne Corcoran


Anthony Willis

Special Edition Editor


President, Australasian Chapter

September 2000


International Wine Law Association

A List Of AIDV Papers Held At Flinders School Of Law

Plant Breeders' Rights


Jeremy Curthoys



Winery Waste Management - The BRL Hardy Experience


Angus Kennedy



Geographical Indications Up-To-Date


Ian Mackley



Income Tax Implications for Vineyard Development Joint Ventures


Steven Pynt and Healy Pynt



Risk of Loss and Damage During Transportation And Shipment


Ian Maitland



The Role Of Government Agencies In Import And Export


Margaret Mountford



Legal Issues Relating To Sale Of Wine Over The Internet


Fiona Liu and Rick Cullen



Traditional Expressions


Bruce Drinkwater



Legal Structures For Vineyard Development Joint Ventures


Will Taylor



Parallel Importation - An Australian Perspective


Stephen Stern





Keith Stewart



A New Regulatory System For The New Zealand Wine Industry


Philip Gregan



Wine Competitions - Limitations And Problems


Bruce Gray



Geographical Indications


Cushla Jones



Trade Marks And Geographical Indications


Bryan Thompson



The World Trade Organisation And Consumer Protection:
Issues For The Wine Sector In A New Round Of Multilateral Trade Negotiations


Emily Earl and J Kempkers



When Commercial Reality Meets Principle: A Pragmatic Approach To The Issue Of 'Traditional Expressions'


Tony Battaglene



Traditional Expressions - Legal Aspects - A Commentary


Des Ryan



The Vintner's Pluck: The Vigneron's Battle With The Tax Systems Of New Zealand And Australia


Tony Molloy QC



Wine Sales Over The 'Net'


Ken Moon



Scaring The Birds - What's All The Noise About?


Chris Day and Abbie Reynolds



Legal Background And History Of Development Of Marlborough Wine Industry


Ron Crosby