The Enforceability of Restraint of Trade Clauses in Commercial Contracts

When parties enter into a commercial agreement, they may seek to safeguard their commercial interests in certain events by way of a restraint clause (Restraint Clauses).   Restraints Clauses are often found in commercial agreements, such as partnership or shareholders agreements, franchise agreements and business or share sale agreements and employment agreements.  

To Buy or Not to Buy

22 Dec 2021

Franchising continues to be a successful sector of the economy.

One of the main attractions of franchising for new entrants to the small business community is that there is usually less risk associated with buying a franchise in an established and proven franchise system that has achieved substantial brand recognition as opposed to establishing a totally new business.

However, as with setting up any new business, there are risks and many issues which must be considered prior to making the decision and signing any agreements to buy a franchised business.

So if your New Year’s Resolution is to buy a franchise the following are 10 tips that you should consider before buying a franchise.

New Franchise Disclosure Register being introduced in 2022

26 Nov 2021

Following amendments made to the Franchising Code of Conduct (‘Code’) earlier this year, including the introduction of a Key Facts Sheet to accompany franchisor Disclosure Documents and the increasing of the cooling-off period from seven to 14 days, the Federal Government has remained focused on improving franchisee information and awareness. In September of this year, the Government released draft amendments to the Code setting out further changes to it, to come into effect in 2022. These amendments reflect the 2021-22 budget announcement of $4.3 million for the development of a new Franchise Disclosure Register, due to commence on 31 March 2022.

Class action proceedings within the franchising context: Davaria Pty Ltd v 7-Eleven Stores Pty Ltd case study

19 Nov 2021

A class action is a legal proceeding an applicant brings on behalf of themselves and a group of people (‘group members’) with consistent claims, against the respondents.