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    1300 MST LAW

  • Franchise Law

    Set Off Clauses In Franchise Agreements: Not As Effective Under The PPSR

    Most franchise agreements contain a ‘set off’ clause allowing the Franchisor to set off any payments it needs to make to the franchisee less any amounts the franchisee owes the franchisor.

    Legislation also exists where liquidators are approached to facilitate this process. However, recent case law shows it is not always possible to rely on a contractual set off clause or statutory processes to reduce any amounts payable.

    Hamersley Iron Pty Ltd and Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152 highlights some of the issues.






    Reminder To Franchisors: The Disclosure Update Window Is Now Open

    The Franchising Code of Conduct requires Franchisors to update their Disclosure Documents within four months of the end of their financial year. For most Franchisors, this will mean their Disclosure Documents must be updated by 31 October 2017.











    Guirguis v Michel’s Patisserie

    This article provides an update on a previously reported franchising court case decided in 2016 and the lessons to be learned.

    On 9 May 2017, the Queensland Supreme Court of Appeal handed down its decision allowing the former franchisee of a Michel’s Patisserie franchise a re-trial and set aside the District Court of Queensland’s prior judgment.











    Employment Law Update — 1 July 2017 Key Thresholds

    July 1 was the beginning of the new financial year; bringing with it new legislation. This article sets out key minimum wage and superannuation thresholds and other key figures relevant for workplace laws.