News

ACCC Is Not Hibernating

By Alicia Hill, Principal After the outbreak of the novel coronavirus, the ACCC moved quickly to reprioritise its work and direct resources towards delivering on issues arising from the extraordinary economic disruption caused by the pandemic. Since 20 March, the ACCC has granted more than 20 such interim authorisations, and it has other applications pending….

Bob Jane Undertaking

By Raynia Theodore, Principal Bob Jane Corporation Pty Ltd (Bob Jane) has given the ACCC a court-enforceable undertaking to comply with its obligations under the Franchising Code of Conduct (Code) in relation to renewal and extension of franchise agreements. The undertaking requires Bob Jane to: not terminate any franchise agreement that is operating on an…

New Automotive Section in Franchising Code of Conduct

By Raynia Theodore, Principal The Federal Government has recently announced proposed changes to the Franchising Code of Conduct (“the Code”) that will introduce provisions relating directly to New Vehicle Dealership Agreements. The changes will introduce Divisions 5 and 6 to the Code, regulating end of term obligations, capital expenditure requirements and the resolution of disputes…

Court supports step-in rights as registerable security interests under PPSA

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal, MST Lawyers The Supreme Court of Western Australian decision in Bluewaters Power 1 Pty Ltd v Griffin Coal Mining Company Pty Ltd [2019] WASC 438 provides the first guidance from an Australian Court as to whether contractual step-in rights are considered a registerable security interest under…