Sparring partners – injunction granted to prevent termination by franchisee *

Australia - November 7 2011
In the recent case of SPAR Licensing Pty Ltd v MIS Queensland Pty Ltd (No 1) [2011] FCA 1054 the Federal Court considered what happens when a franchisee terminates a franchise agreement where they have no right to do so under the franchise agreement.

Co-authors: James Bull.

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New South Australian laws to impact on franchising sector *

Australia - November 7 2011
On 20 October 2011, the upper house of the South Australian parliament passed the Small Business Commissioner Bill (Bill), which paves the way for state-based franchising regulation in South Australia.

Co-authors: Nick Rimington.

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Video replay – deemed renewal of franchise agreement *

Australia - November 7 2011
In the recent case of Civic Video Pty Limited v Yogies Pty Limited [2011] NSWSC 1107, the NSW Supreme Court considered outlined the circumstances in which a franchise agreement can be deemed to have been renewed for a further term despite the franchisee not signing new franchise documents.

Co-authors: Annalise Farquhar.

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ACCC industry codes investigation powers *

Australia - November 7 2011
At the recent National Franchise Convention 2011, Dr Michael Schaper, Deputy Chairman of the ACCC, presented on the ACCC’s new powers of investigation in connection with industry codes, such as the Franchising Code of Conduct (Code).

Co-authors: Nick Rimington.

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Franchising Bill defeated by WA parliament *

Australia - November 7 2011
Last Thursday, 3 November 2011, the Western Australian parliament rejected the Franchising Bill 2010 (WA), which was originally introduced as a private members bill by Mr Peter Abetz MP in December 2010.

Co-authors: Nick Rimington.

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