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ACCC Report Requires Franchisors To Consider The Quality Of Information Provided In Disclosure Documents

Before completing the annual update of your disclosure document, Franchisors need to be aware of the recent ACCC report regarding the inadequacies uncovered by compliance checks in the food services sector. The findings highlighted that many franchisors are not providing sufficient details in their disclosure documents. Inadequate disclosure may amount to breaches of the Franchising Code of Conduct.

Landlords Unreasonably Withholding Consent to Sub-Lease: Masters Home Improvement v Aventus

Most franchise systems that have franchisees operating a retail site will be subject to State based retail shop leases legislation. Masters Home Improvement Australia Pty Ltd v Aventus Cranbourne Thompson Road Pty Ltd [2019] VSC 428 is a recent Victorian Supreme Court decision regarding a landlord withholding consent to grant a sublease over part of an empty retail space subject to the retail shop leases legislation in Victoria. Justice Croft found in favour of the tenant, Masters, and held that the commercial interests claimed by the landlord, Aventus Cranbourne, to justify the refusal to consent to the sublease were unreasonable.

Shining a Light on World Suicide Prevention Day

10 Sep 2019

Today, MST Lawyers would like to shine a light on World Suicide Prevention Day.  

Tenant and Landlord Disputes: Unusable Premises

The recent Supreme Court of Victoria decision in Brondolino v Surf Coast Smash Masters Pty Ltd [2019] VSC 505 provides an excellent overview of the difference between ‘possession’ and ‘occupancy’, and on the calculation of compensation due and payable to a Tenant who is unable to use leased premises for the specified purpose in the context of the Retail Leases Act 2003 (Vic).