News

Ironically Unclean: Ali v Australian Competition and Consumer Commission [2021] FCAFC 109

The case of Ali v Australian Competition and Consumer Commission [2021] FCAFC 109 (‘Ali v ACCC’) is an appeal concerning the appellants Ms Sanam Ali (‘Ali’) and Mr Charles Cameron (‘Cameron’) who were the sole shareholder/director and the national franchising manager of Geowash respectively. Geowash offered car wash franchises to interested parties in Australia. The Australian Competition and Consumer Commission (‘ACCC’) initially brought proceedings concerning various alleged misrepresentations and alleged unconscionable conduct, and alleged breach of the obligation of good faith in the Competition and Consumer (Industry Codes – Franchising) Rgulation 2014 (Cth) (‘Franchising Code of Conduct’). Ali and Cameron sought an appeal against these claims on 13 grounds but were ultimately unsuccessful.

NEW NOTICE REQUIREMENTS FOR COMPANY DIRECTOR RESIGNATIONS

In February 2020, the Australian Parliament enacted the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (‘the Act’). The Act amended the Corporations Act 2001 (Cth), and other related legislation, to combat illegal phoenix activity and improve the accountability of resigning directors.

Changes to the Retail Leases Act 2003 – Early Market Reviews and changes to Disclosure Statement Requirements

Landlords and tenants should be aware of the recent amendments to the Retail Leases Act 2003 (“Act”) by the Retail Leases Amendment Act 2020, in particular in relation to early market reviews and the timing for provision of a Disclosure Statement to the tenant.

Trustees Beware – How to Avoid an Extra 8% in Stamp Duty

By Devin Elliott, Law Graduate As of March 2020, the Victorian State Revenue Office will treat all discretionary trusts (including family discretionary trusts) as foreign trusts if the discretionary trust has any potential foreign beneficiary. Trustees of discretionary trusts intending to acquire residential property for the trust may inadvertently find themselves being required to pay…