General

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.

Accessorial Liability for Workplace Law Breaches

The following recent cases illustrate the Fair Work Ombudsman’s intent to extend liability for breaches of workplace laws, including the underpayment of wages and award benefits, beyond the employer. While traditionally, liability has not extended beyond managers within an employer our Courts are now looking to extend liability to external advisers who facilitate or assist an employer in breaching workplace laws.

Remuneration And Insolvency Practitioners

Two cases were recently handed down by Justice Jackson of the Supreme Court of Queensland dealing with the remuneration of administrators and liquidators from the trust property of trust funds administered by the company in liquidation and also the right of indemnity of the trustee from the trust property.

This article reports on the court’s decisions and the impact for insolvency practitioners.