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hannah marshall, principal


Commercial advisory

Competition and consumer law

Regulatory risk

News media and advertising

Campaigns and law reform

I have over 20 years’ experience gained in top tier firms, a multi-national in-house team, and as a partner in a purpose-led firm. My experience spans the commercial, B Corp and NFP sectors, including the following areas.



  • Commercial advisory - drafting and negotiating commercial contracts, including bespoke templates, outsourced in-house counsel and General Counsel, project secondments, tenders and RFPs, supply chain, regulatory frameworks, ad publishing deals, global compliance programs and industry bodies.


  • Retail and eCommerce – inhouse experience at eBay, distribution strategy, supply terms, statutory guarantees, unfair contract terms, product recalls, advertising and customer escalations.


  • Competition and consumer law advice – cartel advice, exclusive dealings, joint ventures, unconscionable conduct, consumer law, inquiries and market studies.


  • ACCC interactions - merger clearances, authorisation applications, cartel investigations, post-completion merger investigations, consumer law investigations, product recalls, the Telecommunications Access Regime, industry inquiries and market studies.



  • Regulatory advice and investigations – including ACCC, ASIC, TGA, FSANZ, AHPRA, ACMA, telco, payments, privacy, modern slavery.


  • Compliance advisory and training, with a focus on practical risk management and business strategy.


  • Advertising and news media – ad clearance, greenwashing advice, defamation and pre-publication review, training programs, disputes, Ad Standards complaints.


  • Activism and campaigns – submissions, law reform, campaign strategy, content review, defamation advice, inquiry appearances.


  • Industry regulatory design, including self-regulation frameworks, industry bodies and product stewardship schemes.


I’ve worked proudly with clients ranging from multinationals to grassroots activists, including: Unilever, eBay, Gumtree, Booz Allen / Strategy&, eftpos, Australian Payments Plus, Heaps Normal, the Leisure Collective, Surfers for Climate, Lock the Gate, Piping Hot, Vitable, Comms Declare, Future Super, Aspen Pharmacare, KONG, Scooter Hut, the Digital Publishers Alliance, Junkee Media, Market Forces, AusPayNet, Pivotel, Byte, oOh! Media, TEDxSydney, Hello Fresh, and the Australian Fashion Council.

Career highlights


Commercial


  • Drafting and negotiating commercial contracts and bespoke templates, complex multiparty deals and supply terms in regulated industries.
  • Legal counsel at eBay - commercial contracts, IP, litigation, ad sales and and clearance, defamation.
  • Secondment as Acting General Counsel for Future Super.
  • Secondment to Transaction Network Services providing commercial and contracts advice on telecommunications infrastructure agreements.
  • Developed and implemented Australian distribution strategies for multiple global retail brands.
  • Complex supply chain advice and contracts in a novel area of the wellness industry.
  • Extensive experience in advising on unfair contract terms, including under 2023 reforms.
  • Advising on complex RFPs in the payments industry including commercial and competition considerations.
  • Advising retail brands on IP rights and enforcement, particularly on internet marketplaces.


Competition and consumer / ACCC


  • Acting for eftpos on the merger of eftpos, BPAY and NPP and associated ACCC authorisation application.
  • Obtaining ACCC authorisation for Australia’s payments High Value Clearing System.
  • Responding to post-completion merger investigation regarding creeping acquisitions in the healthcare industry.
  • Responding to cartel investigations in the airline and food industries.
  • Responding to consumer law investigations in the ecommerce and food industries.
  • Handling product recalls and crisis communications for both consumer goods (involving the ACCC) and industrial products.
  • Providing cartel and exclusive dealing advice in relation to retail supply chains.
  • Advising on consumer law compliance in ecommerce businesses, including pricing, promotions, product claims and disputes.
  • Advising on competition law implications of fashion industry Product Stewardship Scheme.
  • Author of LexisNexis Practical Guidance, Competition Law – Penalties.
  • Extensive advice-work and speaking roles on greenwashing, ad compliance and impact comms.


Regulatory


  • Acting for eftpos on the merger of eftpos, BPAY and NPP and associated ACCC authorisation application.
  • Obtaining ACCC authorisation for Australia’s payments High Value Clearing System.
  • Responding to post-completion merger investigation regarding creeping acquisitions in the healthcare industry.
  • Responding to cartel investigations in the airline and food industries.
  • Responding to consumer law investigations in the ecommerce and food industries.
  • Handling product recalls and crisis communications for both consumer goods (involving the ACCC) and industrial products.
  • Providing cartel and exclusive dealing advice in relation to retail supply chains.
  • Advising on consumer law compliance in ecommerce businesses, including pricing, promotions, product claims and disputes.
  • Advising on competition law implications of fashion industry Product Stewardship Scheme.
  • Author of LexisNexis Practical Guidance, Competition Law – Penalties.
  • Extensive advice-work and speaking roles on greenwashing, ad compliance and impact comms.


News media and advertising


  • Training and advising B Corps on greenwashing risk, building efficient ad review systems, and then helping them build edgy, impactful campaigns without legal risk.
  • Responding to advertising investigations by ACCC, TGA, ASIC and AHPRA.
  • Advising the Digital Publishers’ Alliance on the review of the News Media Bargaining Code and defamation law reforms.
  • Advising New Matilda on its #metoo investigation into Charles Waterstreet.
  • Working on the successful defence of the Lachlan Murdoch v Crikey defamation case.
  • Providing pre-publication advice to news publishers including the Betoota Advocate,Crikey, New Matilda and Junkee Media.
  • Speaking at the 2022 Sydney Writers Festival on press freedom with Erik Jensen, Kate McClymont and Chris Masters.
  • Hosting a workshop on greenwashing at the 2023 Purpose Conference.


NFP activism and law reform


  • Pre-publication review of campaign content and strategy for Market Forces, Protect Ningaloo, Centre for Public Integrity, Martuwarra Fitzroy River Council, GetUp, Lock the Gate and others
  • Appearing with Surfers for Climate before a NSW Parliamentary Inquiry into legislation banning offshore drilling in NSW waters and providing associated Constitutional law advice.
  • Speaking at a Federal Parliamentary roundtable on law reform options to ban fossil fuel advertising.
  • Advising on the legal implications of a team of zombie Wallaby rugby players protesting fossil fuel advertising on the lawns of Parliament House in Canberra.
  • Speaking at a NSW Law Reform Commission roundtable on defamation law reform and the public interest defence.
  • Defending an Occupy Sydney protester in a Constitutional law case about the right to protest in public spaces.



Commercial disputes


  • AMPCI & Ors v Parsons Brinckerhoff & Ors - acting for Booz & Co/Strategy& on large-scale litigation brought by investors in the Lane Cove Tunnel project.
  • Telecom Vanuatu v Optus - telecommunications contract disputes about routing of international call traffic.
  • New Cap Reinsurance v CMGL – licensing and copyright dispute about run-off insurance.
  • Pivotel v Optus – competition law dispute about the Telecommunications Access Regime.
  • Evony v Everiss – defending a ‘forum-shopping’ international defamation case.
  • Successful defence of pre-litigious disputes over comparative and guerilla advertising campaigns, SLAPP suits




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