Is the supply of Christmas cards by magazine distributor Gordon and Gotch outside the terms of their contract with newsagents?
The contract between Gordon and Gotch and each individual newsagency business covers the supply of publications. On the second page of the agreement is a definition:
publications means:
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The publications distributed by Gordon and Gotch on behalf of Australian and overseas publishers.
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Any other kinds of publications or products distributed by Gordon and Gotch to you or newsagents generally on or before commencement date
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Any other kinds of products agreed by you and Gordon and Gotch, in each case as nominated to by Gordon and Gotch from time to time.
While I expect that Gotch management would argue that supply constitutes nomination, I suspect others would disagree. Indeed, I would argue that the entire contract is built around the supply of publications and that publications are magazines. The processes outlined, the obligations documented all relate to magazines as the publications.
This is not a contract contemplating supply of products other than magazines. For example, while the definition above contemplates non publication products, the Magazine Ranging and Supply Policy does not. Indeed, there is no documentation in the contract on how Gotch will range non publication product to newsagents.
So: Is the supply of Christmas cards by magazine distributor Gordon and Gotch outside the terms of their contract with newsagents? I would say yes. This is a question better put to a legal forum where a determination could result in rewriting the contract. A VCAT, QCAT or CTTT could be an appropriate forum.
The contract we have with Gordon and Gotch is where newsagents need to start if they want to resolve what they could consider to be unfair behaviour against their business by Gotch.
This is a matter that the associations could take up on behalf of newsagents. Not by meeting with Gotch but by organising and managing test cases in state jurisdictions. That they have not done this is a poor reflection on their commitment to resolve the issue of most importance to newsagents.














