According to the ACCC’s media release of 23 September 2019, the Full Federal Court has “confirmed important franchisor obligations”, including upholding the Federal Court’s previous findings that Ultra Tune had breached the Franchising Code of Conduct. Despite reducing the total penalties imposed against Ultra Tune and ordering the ACCC to pay 60% of Ultra Tune’s costs of the appeal, the judgement has in the main vindicated the ACCC’s initial action against Ultra Tune and affirmed that franchisors must take great care to comply with their obligations under the Code.
The High Court of Australia in Connective Services Pty Ltd v Slea Pty Ltd  HCA 33 was concerned with two shareholders who used their combined voting power to initiate proceedings in the name of a group of companies against a third shareholder who proposed to sell his interest, in contravention of a pre-emptive rights provision of the companies’ constitution. In upholding the Court of Appeal’s decision to dismiss the proceeding against the third shareholder, the High Court illustrated the circumstances in which financial assistance by a company to a shareholder will be prohibited by section 260A of the Corporations Act 2001 (Cth).
Victoria has announced new laws allowing the state government to chase builders for the cost of cladding rectification, prompting the main industry body, the Victorian Building Authority, to fume that it is being singled out for a problem caused by many players, including the government.