Blog News

16 September 2019

What can I do if I am in dispute with my franchisee?

We are seeing more and more high-profile disputes with some of Australia’s leading franchises as franchisees work together to challenge the imbalance of power often between the franchisee and the franchisor. High profile cases like Mortgage Choice, Retail Food Group, Ultra Tune, Nando’s and 7-Eleven have shed light on the fact that all is not […]

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12 September 2019

Should I file a trade mark if I have been using it for years?

Trade marks are everywhere in our world and any business needs to understand how to protect their intellectual property just as much locally as globally. It has often been said that a trade mark can be your most important and valuable tool to market your business, your goods or services. Trade marks can be misunderstood. […]

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3 September 2019

Which state or jurisdiction governs Long Service Leave?

In most states or territories, if you have been working for an employer for more than 7 years of continuous service you are entitled to Long Service Leave (LSL) paid pro-rata, or full pay after 10 years of continuous service. Entitlements to LSL derives from the relevant laws of each state or territory under the […]

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26 August 2019

New ‘lemon laws’ to protect buyers take effect from 1 September

On 1 September 2019, the Palaszczuk Governments new ‘lemon laws’ take effect with aim of specifically targeting defective cars that can’t be repaired to a customer’s satisfaction and to re-introduce a 30-day/1000km warranties for people buying a vehicle from a motor dealer, that is more than 10 years old, or which has 160,000km or more […]

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18 June 2019

Defamation and Bodies Corporate – Can I sue for disclosure of my lot’s financial position?

Is your lot in arrears and therefore “un-financial” at the time of a general meeting, and did your body corporate manager disclose this information to other members? If you believe your body corporate manager has defamed you by disclosing your lot’s financial position during a general meeting, there are a few factors to take into […]

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7 June 2019

Shareholders Agreements – What are they?

One of the most important documents that a company should have is a shareholders agreement. It will outline in detail how the company should be operated and outlines all shareholders’ rights and obligations. Whilst the Corporations Act 2001 and a company constitution provide a range of safeguards, obligations and procedural matters relating to how shareholders […]

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3 June 2019

National Domestic Violence Order Scheme

Domestic violence is a growing concern in today’s society. Prior to 25 November 2017, a Domestic Violence Order (DVO) was only enforceable in the state or territory in which it was issued or registered. The resulting problem was that if victims moved interstate or to a territory, they would have to seek a DVO in […]

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14 May 2019

Workplace bullying – Has management taken reasonable action?

The Fair Work Commission defines workplace bullying as an event where “a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work” and “the behaviour creates a risk to health and safety”. Some behaviours which constitute an act of bullying may include any of the following, […]

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30 April 2019

Finally, a clean-up of the franchising industry – is it long overdue?

A parliamentary inquiry into the franchising industry handed down its report in March. The report has made 71 recommendations, which if adopted, will see a significant change to how the franchising industry in Australia will operate. The bipartisan report was damming in its review and called for new laws and greater enforcement powers to the […]

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5 February 2019

Are you acting in good faith as a franchisor?

The Federal Court in a recent decision found one of Australia’s largest mechanical/automotive franchisees, Ultra Tune, was found to have breached its obligation to act in good faith to one of its Franchisees. Read the article regarding Ultra Tune here. It is the first time the Australian Competition and Consumer Commission (ACCC) has brought proceedings […]

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