In one of the most important decisions affecting franchising in Australia, we examine how the Federal Court determined the number of contraventions and calculated the penalty of $2,604,000 imposed on Ultra Tune. MST Lawyers Principal, Philip Colman, steps through the key points in the decision handed down by Justice Bromwich.
In a recent case, the Industrial Court of Queensland determined that a McDonald’s employee was entitled to compensation after breaking her leg falling from a ladder on a smoke break. The case is a timely reminder for employers to clearly communicate prohibited areas to their employees and continuously update their employment policies.
Court of Appeal Confirms Services to be Provided under Consumer Guarantees Not Limited by Contractual Obligations
In the recent decision of Scenic Tours Pty Ltd v Moore  NSWCA 238, a decision by the Court of Appeal partially found that a luxury travel company was liable for breaches of consumer guarantees under the Australian Consumer Law. This decision overrode the travel company’s contract limiting its liability to clients.
The decision also clarified when damages for disappointment and distress would be available to claimants under the Australian Consumer Law.
In media release of 7 February 2019, the ACCC announced that café, restaurant and take away food services industries will be the target of the ACCC’s next round of Franchising Code compliance checks.