The Australian Competition and Consumer Commission (ACCC) has announced it will be fighting tooth and nail in 2017 – demanding higher penalties, confronting the market leaders and defending small businesses against unfair standard form contracts. Investigations are underway and the ACCC will be taking enforcement action this year against numerous companies for unfair terms in business-to-business standard form contracts.
MST Lawyers’, Philip Colman and Louise Wolf will be attending both the Legal Symposium and the IFA /IBA Joint Conference in Washington, DC. Philip’s experience in franchise law, has led to an invitation to join a panel of international lawyers discussing the emergence of International Franchisee Associations. With the current hive of activity in Australia around unfair contract term laws and the proposal to enact laws imposing liability on franchisors arising from violations of workplace laws by franchisees, there is likely to be a re-emergence of both brand-specific and wider Franchisee Associations in Australia.
Transfer of business interests can be an area of drama and dispute. Forcing a transfer on parties unexpectedly or at a time not conducive to the exit will likely damage existing relationships and the business itself.
This article contains practical considerations for business owners faced with the pitfalls of an unplanned business interest transfer.
Franchisors need to be acutely aware of how to properly seek payment of their outstanding costs from a franchisee. Failing to follow defined and legal channels can lead to significant out of pocket costs.
This article examines a recent Supreme Court of Victoria decision which provides a timely reminder of what not to do when claiming monies from a franchisee.