Dispute Resolution & Litigation

Pastacup To Pay For Falling Short Of The Franchising Code

Pastacup franchisor ordered to pay penalties for breaches of the Franchising Code of Conduct, following proceedings by the Australian Competition and Consumer Commission.

This decision cements that the Franchising Code of Conduct requires full and accurate disclosure of information to enable a prospective franchisee to make an informed business decision about whether to purchase a franchise.

What Not To Do At The Work Christmas Party

Christmas is coming, and so are work Christmas parties. Steps managers should take to reduce the risk of an HR disaster.

The “Ultimate Consumer” Test: Another Application

We have witnessed activity in the Court system around cases where wholly or predominantly supplied services are considered retail, regardless of whether or not these services are supplied to the public or business-to-business.

Fundamentally, the judgements determine whether or not leases of this nature are governed by the Retail Leases Act 2003.

Term Expiry: How Not Being On Top Of Franchise Expiry Terms Causes Issues

Franchise agreements are established for a fixed term. Often they contain options which can be exercised to acquire an additional term, subject to the franchisee not being in breach of the existing franchise agreement.

When an option is not exercised or exercised improperly, and the franchisee continues to operate the franchise after the expiry of the term the chances of a dispute arising are significantly increased as the legal basis for the continued operation comes into question.