DibbsBarker News
DibbsBarker franchise lawyers clarify when an agreement is considered a franchise agreement
12/10/2010 - Franchise lawyers at DibbsBarker have noted that an agreement between parties can be legally considered a franchise agreement regardless of the name given to the agreement. A recent case in the New South Wales Court of Appeal, in the case of Alpha ...
Meet the Oilcode – A new industry mandatory code
4/06/2007 - Information provided by Dibbs Abbott Stillman. Hot on the heels of the Government’s response to the review of the disclosure provisions of the Franchising Code of Conduct came a new mandatory industry code for the petroleum retail sector. The Trade Practices ...
Abolition of stamp duty on share transfers
4/06/2007 - Information provided by Dibbs Abbott Stillman. The New Year has brought with it the potential for significant stamp duty savings for those considering corporate sales or restructures in Queensland. The Queensland government has effected the changes it ...
Franchisees to exercise caution when transferring employees between worksites
4/06/2007 - Information provided by Dibbs Abbott Stillman. A recent decision of the Australian Industrial Relations Commission highlights the importance of ensuring that employment contracts (including workplace agreements such as AWA’s) expressly allow a franchisee ...
Dibbs Abbott Stillman on franchisees seeking legal and accounting advice
27/06/2006 - According to Dibbs Abbott Stillman, the Franchising Code of Conduct stresses the importance of making prospective franchisees seek accounting and legal advice. Clause 11 of the Code prohibits a franchisor from entering into a franchise agreement before ...
Dibbs Abbott Stillman: how exclusive is too exclusive?
27/06/2006 - “We’re only going to supply you with these hair-products at this very special ‘only for you’ wholesale price so long as you stop stocking my arch enemies’ products!” …“We’re only going to buy coffee beans from you as long as you don’t go supplying that ...
Dibbs Abbott Stillman: why franchisors must give disclosure document
27/06/2006 - According to Dibbs Abbott Stillman, franchisees of Queensland based Roadrunner Mobile Video ("Roadrunner") whose mobile home video hire franchise failed have been awarded $40,126 in damages (refunding the franchise fee, cost of equipment and services ...
Dibbs Abbott Stillman’s long term commitment to franchising
27/06/2006 - Franchising is a long term commitment. It is fundamental to their success that both parties are satisfied that the arrangements will deliver benefits. So creativity and common sense are required. Dibbs Abbott Stillman works with you to understand the ...
Dibbs Abbott Stillman on Lenard’s appeal
27/06/2006 - According to Dibbs Abbott Stillman, on 10 February 2006, an application for special leave to appeal to the High Court of Australia was refused for The Silver Fox Co Pty Ltd & Ors v Lenard’s Pty Ltd & Ors. You may recall from last year that The ...
Dibbs Abbott Stillman: stopping former franchisees competing with you
27/06/2006 - According to Dibbs Abbott Stillman, you can restrain former franchisees from operating a competing business after their franchise ends, in an area and for a period that is not "too wide to reasonably protect your legitimate business interests". Real ...
Dibbs Abbott Stillman on franchise risk management
24/05/2006 - According to Dibbs Abbott Stillman, some may ask, risk management policy? What risk management policy? This is definitely not a question you want to be asking yourself or the kind of comment you want being passed about your company. National Australia ...
Dibbs Abbott Stillman on mediation between franchisees and franchisors
22/05/2006 - According to Dibbs Abbott Stillman, the Trade Practices (Industry Codes – Franchising) regulations 1998 (the Code) provide for a dispute resolution mechanism for franchisors and franchisees, encouraging parties to a franchise agreement to engage in mediation. ...
Dibbs Abbott Stillman and why franchises need secure systems
19/05/2006 - According to Dibbs Abbott Stillman, franchising is a style of operation that relies heavily on being systematic. One of the important ‘systems’ for franchisors and master franchisees involves planning to review the disclosure document at least once a ...
Advertising: Forty Winks to rethink savings promo
20/03/2006 - Dibbs Abbot Stillman's Franchising Update for November 2005 says national bedding franchisor Forty Winks has given the Australian Competition and Consumer Commission court-enforceable undertakings to correct the use of its comparative price advertising.A ...
Inspections, audits and termination: budget specs to go to trial
20/03/2006 - According to Dibbs Abbot Stillman's Franchising Update for November 2005 two franchisees of spectacles and lenses retailer "Budget Specs" have obtained injunctions to prevent Budget terminating their franchise agreements following the inspection and ...
Queensland retail shop leases
20/03/2006 - Proposed amendments to Queensland’s retail shop leases legislation could see some significant changes to the rights and obligations of both landlords and tenants of retail shop premises later this year, according to Dibbs Abbot Stillman's Franchising ...
Deregulation of trading hours in Western Australia
20/03/2006 - According to Dibbs Abbot Stillman’s Franchising Report for November 2005 a referendum was held in conjunction with the State election in Western Australia on 26 February 2005. The purpose of the referendum was to determine whether the Western Australian ...
Obligations of franchisees to their employees under the Workplace Relations Amendment (WorkChoices) Bill 2005
1/03/2006 - Dibbs Abbot Stillman’s January Franchising Update claims the Workplace Relations Amendment (WorkChoices) Act 2005 will provide greater business flexibility and reduce operating costs for franchisees, giving franchisees, as employers, greater powers to ...
Franchise agreements still open to challenge under NSW industrial relations law
1/03/2006 - Dibbs Abbot Stillman’s Franchising Update for January 2006 claims amendments to the Industrial Relations Act of New South Wales will make it harder for franchisors to avoid scrutiny of their agreements by the New South Wales Industrial Relations Commission ...
Abolition of lease duty in Queensland
1/03/2006 - Queensland has removed stamp duty for leases entered into on or after 1 January 2006, according to franchise advisory service Dibbs Abbot Stillman’s January Franching Update. Leases executed before 1 January 2006 will continue to attract duty.This means ...
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