October 29, 2015 - MST Lawyers

What are the Franchisor’s obligations if a Franchisee’s exclusivity of territory is threatened?

October 29, 2015 by MST Lawyers

Exclusive territory clauses are common in franchising. They have the effect of preventing franchisors from competing with franchisees, often within a defined geographic boundary. However, what are the franchisor’s obligations if another franchisee is found to be operating within a franchisee’s territory? The Full Federal Court has considered this issue in the recent case of Marmax Investments Pty Ltd v RPR Maintenance Pty Ltd [2015] FCAFC 127.

Small Business Unfair Contracts Regime

October 29, 2015 by MST Lawyers

The existing unfair contracts regime in the Australian Consumer Law (“ACL”) that presently only protects consumers is to be extended to apply to all small businesses, including franchisees.

Securing your Company Loans – Don’t Wait Until it’s too Late

October 29, 2015 by MST Lawyers

When shareholders and directors loan funds to their companies, many forget to implement basic asset protection measures. It is critical to secure the loan and protect the asset, and an appropriately drafted loan agreement and security deed will do the job.

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