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Unfair contract terms expansion to small business
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The Commonwealth Government has introduced the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill) into


Substance over form: is your agreement captured by the Franchising Code of Conduct?
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The Franchising Code of Conduct (Code) provides important protections to franchisees that aim to reduce the perceived inequality of bargaining power


When is a distribution agreement not a distribution agreement? When the NSW Court of Appeal determines that it is a franchise agreement! Workplace Safety Australia v Simple OHS Solutions Pty Ltd 2015 NSW CA 84
  • Addisons
  • Australia
  • September 8 2015

The New South Wales Court of Appeal was required recently to consider whether an exclusive distribution agreement constituted a “franchise agreement”


A timely reminder franchisors ‘intentional recklessness’ leads to pecuniary penalties
  • McInnes Wilson Lawyers
  • Australia
  • March 18 2015

With the recent amendment of the Franchising Code, the case of Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd


Franchisor liability for franchisee conduct
  • Hall & Wilcox
  • Australia
  • December 8 2016

For some time, the Fair Work Ombudsman (FWO) has pursued the agenda of making directors and business advisers liable for the actions of companies and


The story of blow dry bar: no fairy tale ending for Castle Hill franchise
  • McInnes Wilson Lawyers
  • Australia
  • April 23 2015

Misleading and deceptive conduct remains one of the most frequent allegations arising in franchise disputes. The recent decision of Carazi Pty Ltd v


Australia - ACCC powers expanded under new Franchising Code of Conduct
  • Baker McKenzie
  • Australia
  • February 19 2015

On 1 January 2015, a new mandatory Franchising Code of Conduct (Code) was introduced in Australia. The new Code contained a breadth of changes to the


Code refresh for franchisors
  • Maddocks
  • Australia
  • March 26 2015

Most of you will now be aware that the new Franchising Code of Conduct (the Code) came into effect on 1 January 2015. The new penalty provisions in


Time to play fair
  • Piper Alderman
  • Australia
  • March 27 2015

Now, more than ever, franchisors need to take a look at their contracts and practices and make sure that they align with the new regime of fairness


Federal court finds franchisor’s conduct not so squeaky clean
  • Piper Alderman
  • Australia
  • February 18 2015

In late January, Justice Murphy handed down a scathing judgement against South East Melbourne Cleaning (in Liquidation), formerly known as Coverall