Dispute Resolution & Litigation

High Court Refuses Special Leave. The “Ultimate Consumer Test” Is Here To Stay In Determining Whether Premises Are “Retail”

Last Friday, the High Court of Australia refused special leave to appeal the decision of the Victorian Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178.

Immediate Franchise Termination For Endangerment Of Public Health And Safety: When Franchisors May Act

The recent case of Sondoananh Trading Company Pty Ltd v Couriers Please Pty Ltd decided by his Honour Judge Woodward in the Victorian County Court concerned the legitimacy of a franchisor’s termination of a franchise agreement on the basis of alleged threatening conduct by the franchisee towards customers.

The Court decided that the franchisee’s conduct was grounds for immediate termination of the agreement.

Accounting Firm Faces Penalties Under Accessorial Liability Provision

The Fair Work Ombudsman has, for the first time, used the accessorial liability provisions in section 550 of the Fair Work Act 2009 against an external accountant who helped their client to exploit a vulnerable employee.

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.