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    Court applies new contractor vs employee test – case note on Pruessner v Caelli Constructions Pty Ltd

    The decision of Pruessner v Caelli Constructions Pty Ltd [2022] FedCFamC2G 206 involved the Federal Circuit and Family Court applying the new contractor versus employee test that was recently revised by the High Court in the PCP and Jamsek decisions.

    Understanding the real duration of a franchise agreement

    It is not uncommon for franchisors of retail networks to hold the lease of the franchisee’s business premises and then grant occupancy rights to the franchisee under a sub-leasing or licensing arrangement.

    Important Update – Franchising Code of Conduct Penalties substantially increased to include “Mega Civil Penalties”

    24 Mar 2022

    Regulations giving effect to increasing penalties for contravention of the Franchising Code of Conduct come into effect of 15 April 2022. The Code now has some very serious teeth such that franchisors who are ambivalent about compliance should now expect severe financial penalties. The amendments double most maximum civil penalties to 600 penalty units (currently $133,200), increase the number of civil penalty provisions and significantly imposed “mega civil penalties” of $10M plus for certain contraventions of the Code.

    Getting Paid as an Administrator of an Insolvent Company: ASIC v Marco (No. 9)

    During insolvency proceedings, administrators will generally be entitled to draw renumeration for their work from the assets of the company. However, where a company operates as a trustee or interim receivers were appointed before the administrators, there may be issues relating to the availability of assets to be drawn on for renumeration. This is particularly the case where the company’s operations were legally problematic, as was the case in Australian Securities and Investments Commission v Marco (No 9) [2021] FCA 1306. In this case, the administrators sought to draw renumeration from assets which the interim receivers argued they, and only they, were entitled.