News
FWO Strikes First Blow In Spotless “Ordinary And Customary Turnover Of Business” Challenge
The long-standing question regarding when the ordinary and customary turnover of labour exception applies for employers to avoid paying redundancy entitlements remains unclear. An industrial battle remains over the words “ordinary and customary turnover of labour”.
In the recent decisions of United Voice v Berkeley Challenge Pty Ltd and FWO v Spotless Services Australia, the Federal Court has applied two different legal tests, creating uncertainty in the law.
MST Lawyers’ Overview of The Fairness in Franchising Report
The Parliamentary Joint Committee on Corporations and Financial Services on 14 March released its long-awaited report into Franchising. Franchisors should be cognisant of the recommendations made in this lengthy report and consider whether their business model needs adjustment to reflect the potential impact of the proposals and best practice generally. MST Lawyers have broken down the report highlighting some of the key recommendations.
Geowash Prosecuted By The ACCC – Yet Another Warning To Franchisors
In light of the recent successful prosecution of Geowash, franchisors should be vigilant in complying with their obligations under the Franchising Code of Conduct and the Australian Consumer Law, and in particular with their requirements to act in good faith, or risk attracting the attention of the ACCC which is intent on enforcing compliance in the franchise sector.
Deficient Letter Of Demand Invalidates $55 Million Claim
It is common in civil litigation, and particularly in debt recovery claims, for a letter of demand to be sent before initiating court proceedings. A recent appeal heard in the Supreme Court of Queensland highlights the need to ensure that letters of demand are drafted appropriately and contain all the necessary elements to ensure that they are legally valid and achieve their intended purpose.