Litigation Support
Litigation Support

Whether you are a major food distributor or a small business operator within NSW, if your business involves the sale of food then you are bound by the legislative requirements of the Food Act, 2003 (NSW). No business owner wants to receive an on-the-spot fine, or be served with a court attendance notice, summoning them to appear before a Magistrate.

The reality is, however, that there is a real risk that legal action may be taken against you, by a customer, or a regulatory authority such as your Local Council Environmental Health Officer.

Regardless of whether you or your business is ultimately found guilty of the alleged offence, it is always a very stressful time for the accused and a financial burden on your business. Your reputation can be irreparably damaged and many businesses do not survive.

FSMS is simply the best litigation support that you can have in your time of crisis. With over twenty six (26) years experience in Local Government, our Principal Consultant Stephen Davidson has built a reputation as one of the best in the business when it comes to prosecuting under the Food Act 2003 (NSW), with approximately 250 food prosecutions, without a single loss.

FSMS knows what proofs and defences are required for a prosecution to be successful and can use this knowledge to assist you evaluate your chances of a successful defence. FSMS will review the evidence against you and provide you or your legal counsel with a comprehensive report. With extensive experience in food safety, we can confidently act as your expert witness in your defence.


"I would highly recommend Stephen for his expertise in consulting in the area of food safety. Stephen has demonstrated an in-depth and extensive knowledge of matters involving not only the Food Act, 2003 (NSW), but all food safety issues, including the Australia New Zealand Food Standards Code.

Under an aggressive deadline, Stephen prepared a superb litigation brief, including photographs and a well prepared statement in admissible form, requiring only that I take the formal steps to have the matter proceed. The result was a successful conviction and a NSW record fine of $78,000 for a single food operator.

Stephen is very skilled in giving evidence at hearings and in the seven years that I have worked alongside Stephen, receiving instruction as a Solicitor in food matters, we have never lost a case.

I would highly recommend Stephen to any person or company seeking to engage a credible and professional expert to assist them in the area of litigation support relating to food safety matters".