Mason Sier Turnbull News

Mason Seir Turnbull discuss corporate colour protection with intellectual property strategies

25/10/2011 - Recent media reports have covered an attempt by Mitre 10 to protect its corporate colours from being used by a competitor, a legal matter Mason Sier Turnbull are often being asked to advise on. It is not surprising large companies are trying ...

Franchising legal services available now from Mason Sier Turnbull

22/09/2011 - Widely recognised as one of the country's leading franchising law firms, Mason Sier Turnbull specialise in advising franchisors, franchisees, and suppliers to the sector on all aspects of franchising. Mason Sier Turnbull already acts on ...

Government announce plans for Cyber White Pages to protect intellectual property

21/07/2011 - The Australian Government has announced they will develop the first Cyber White Paper considering a variety of issues in relation to cyber security and the strategies businesses should take to avoid cyber terrorism. Franchise consultants, Mason Sier ...

Changes to commercial law could have tax repercussions for businesses owed money

21/03/2011 - Liquidity problems experienced as a result of debtors not paying can lead to a company’s inability to pay tax. The ATO have announced that their more lenient approach towards tax defaulters is now coming to an end. For taxpayers lacking ...

Mason Sier Turnbull to host breakfast seminar on new consumer regulation

18/03/2011 - New consumer laws have applied to all Australian businesses since 1st January 2011. The new laws introduced wide-reaching statutory consumer rights against suppliers of goods and services. The regulation is broad in its application and will impact on ...

Franchising lawyers from Mason Sier Turnbull discuss new national business name registration

21/02/2011 - A new national online registry of business names is expected to commence in April 2011. Here, Mason Sier Turnbull franchising lawyers explain several consequences this will have for existing businesses. Currently, business owners are required to register ...

Buying a franchise seminar to be held by Mason Sier Turnbull franchise lawyers next week in Melbourne

14/10/2010 - Mason Sier Turnbull franchise lawyers will next week hold a free seminar at their offices in Melbourne for those interested in venturing into the world of franchising. The seminar will take place on Tuesday, 19th October from 6 to 8pm, and will feature ...

Mason Sier Turnbull franchise lawyers remind franchisors to create a disclosure document

8/10/2010 - Pursuant to the changes to the Franchising Code of Conduct, Mason Sier Turnbull franchise lawyers remind franchisors of the need to create and maintain a disclosure document in the form prescribed by the Code. This document needs to be provided to ...

Legal advice on franchise agreement terminations from Mason Sier Turnbull

22/09/2010 - Nick Rimington from Mason Sier Turnbull provides legal advice on some of the common grounds for termination of franchise agreements, the termination process and the protections afforded to franchisees under the Franchising Code of Conduct. Generally, ...

Mason Sier Turnbull highlights the need to seek legal advice when considering a franchise agreement

16/09/2010 - Louise Wolf from Mason Sier Turnbull provides legal advice on what new franchisees should be looking for in the fine print of a franchise agreement. It is critical when considering a franchise agreement that potential business owners seek appropriate ...

Court case clarifies franchise agreement definition, reports franchising lawyers Mason Sier Turnbull

7/09/2010 - Franchising lawyers Mason Sier Turnbull report on the implications of the recent Federal Court case of Rafferty v. Time 2000 West, which explored a particular aspect of the definition of a franchise under the Franchising Code of Conduct. ...

Mason Sier Turnbull provide legal advice on selling your franchised business

19/07/2010 - Mason Sier Turnbull are a full service corporate law firm specialising in legal advice for franchise businesses. Here Esther Gutnick provides advice on selling a franchised business. A franchised business may be transferred in a number of ways. This ...

How flexible is the Franchising Code of Conduct?

28/07/2009 - The Franchising Code's stated purpose is "to regulate the conduct of participants in franchising towards other participants in franchising". In the period of more than a decade since it became a mandatory industry code, the Code and the compulsory regulations ...

How long is your franchise agreement

19/06/2009 - One of the key considerations in deciding whether or not to purchase a franchise should be the term of the Franchise Agreement itself: the finite period of time for which the franchisee is granted the right to conduct the franchised business. For ...

11 Suggestions on how to pick a winner

24/04/2009 - You need to look at the franchisor to see whether in fact it runs a well organised business that is profitable and under whose system the franchisees are making money. You should consider the following: 1. Learn as much as you can about the franchise ...

What will happen to my franchise if I can't manage it?

24/04/2009 - You own a franchise and are operating it successfully. Everything is running smoothly until one day you become ill or you have a dispute with your partner. How do you and your business get through this turmoil and survive? You may need to take a break ...

Will My Terms of Trade Apply?

10/04/2009 - Many businesses have standard form terms and conditions of trade that they use when dealing with their customers and suppliers. They often appear in credit application forms, quotations, supply agreements, purchase order forms and invoices. These standard ...

Direct Marketing - Your Obligations Under the Law

9/04/2009 - Does your business market itself by communicating directly with potential customers via mail, email, SMS or telemarketing? If the answer to this question is yes, your business will need to comply with legal obligations imposed under either the Spam Act ...

The Fair Dismissal Code

8/04/2009 - The new Fair Work Bill, which passed through Parliament on 20 March 2009 (Fair Work Legislation Finally Passed by Senate) has re-written the rules on unfair dismissal.From 1 July 2009, the provision under WorkChoices which protected employers with 100 ...

Intellectual Property Seminar hosted by Mason Sier Turnbull

7/04/2009 - If your brand is important to you, the Intellectual Property Seminar hosted by Mason Sier Turnbull may be of interest. Held on Thursday 23 April, 2009, the seminar will cover practical steps for brand protection. This is a good opportunity to find out ...

Review Of The Privacy Act 1988 (Cth)

2/03/2009 - The Australian Law Reform Commission released a comprehensive report on their review of the Privacy Act 1988 (Cth) on 30th May 2008 (Report). This Report was instigated due to concerns raised by the business community that the existing framework ...

Cooking up a Storm: Legal Issues Affecting Hospitality Businesses

27/02/2009 - Hospitality businesses are an integral part of the business community, not just providing us with our daily coffee and lunch, but contributing significantly to the economy. In this hustle and bustle industry, it is not uncommon for business owners to ...

Victorian Wage Protection Legislation Commences

17/02/2009 - The Victorian Workers' Wage Protection Act 2007 ('the Act') came into operation on 1st December 2008.Further to our previous Employment Law Updates, the purpose of the Act is to prescribe the methods by which employers must pay their employees' wages, ...

Supporting Australian Export Businesses - Export Market Development Grants

16/02/2009 - Through its Export Market Development Grants (EMDG), the Australian Government offers financial assistance to eligible Australian export businesses. If your export business has internationally promoted intellectual property and know-how, goods and ...

Tips and Techniques to Prepare your Business for Sale

13/02/2009 - Selling your business presents a unique opportunity to unlock the value you have worked so hard to build. Most business owners pour blood, sweat and tears into their business and with a few simple techniques you can secure a price that reflects ...

Trade & Customs Increasing Surge in Dumping Worldwide

12/02/2009 - Dumping occurs when goods are exported to Australia at a price that is lower than the price charged in the home market of the exporter. There are remedies under Australian legislation where the dumping of imported products causes or threatens to cause ...

Migration Program on Skills in Critical Need

10/02/2009 - The Federal Government has revised its migration program, giving priority to permanent migrants sponsored by employers and those with skills in critical need.Minister for Immigration and Citizenship, Senator Chris Evans, said in December 2008 that the ...

Searching for the perfect franchise business

7/02/2009 - Although franchising is a proven business method there are always risks. In order to limit these risks, there are a number of factors that should be considered.Evaluate yourselfThe first step is to honestly and thoroughly evaluate yourself and your motivations. ...

Franchising Sector Facing more Regulatory Changes

5/02/2009 - With the start of a new year, the franchising sector faces more regulatory changes.Last year, the franchising industry faced government reviews federally and in Western Australia and South Australia. The reports of these reviews have now been published.The ...

The New World of Enterprise Agreement Making

16/12/2008 - Agreement making has long formed an integral part of the workplace relations system providing flexibility to employers and employees in their systems of work. As part of its 'Transition to Forward with Fairness' amendments in March 2008, the government ...

Awards for a Modern Workplace or Return to the Future?

15/12/2008 - An aspect of the Government's Forward with Fairness policy platform which is already on foot is the award modernisation. In its 28 March 2008 amendments to the Workplace Relations Act 1996, the Government empowered the Australian Industrial Relations ...

National Employment Standards – The Ten Commandments

12/12/2008 - The National Employment Standards ('NES'), contained in the Fair Work Bill 2008, comprise 10 national minimum employment entitlements which will apply to all national system employees. National system employees are defined as employees of corporations, ...

Return of the Unfair Dismissal Laws

11/12/2008 - The Federal Opposition has conceded that the majority it gained in the Senate, as a result of the 2004 Election, has proven to have been a poisoned chalice. The WorkChoices legislation, epitomised by the virtual demolition of the unfair dismissal ...

The Fair Work Bill – What Does It All Mean?

10/12/2008 - On 25 November 2008, the Fair Work Bill was tabled into Parliament. The Bill forms the substantive legislation necessary to achieve the policy aims outlined in Rudd's April 2007 policy entitled 'Forward with Fairness'.The Bill extends upon the changes ...

Partnerships: How to protect yourself

30/10/2008 - You may have your own house in order and may be able to meet your liabilities, but what happens if your business partners are in financial trouble? There are things you can do to ensure that you do not suffer significant losses.When an individual or ...

Top 20 Checklist

16/10/2008 - Before you purchase your franchise you need to tick off all the must-do items. Have you checked the following?The initial purchase1. Are you confident in the franchisor? (how long franchising, what competitors, complk to ...

Getting Ready for Hard Times

23/09/2008 - Over recent times we have been flooded with stories of increased interest rates, increased costs and overheads and generally a reduction in consumer confidence in operating businesses in Australia.The franchise sector is not immune from such things and ...

Good news for Franchisors

27/08/2008 - The High Court has finally handed down its much anticipated decision in Master Education Services Pty Ltd v Ketchell. The Court unanimously decided that technical non compliance with the Franchising Code will not necessarily render a franchise agreement ...

A double edged sword

20/06/2008 - Franchise Agreements over the years have utilised a number of different techniques to ensure that franchisees actively drive their business. Many years ago franchisees were required to achieve a minimum turnover or benchmarks of sales for their franchise. ...

Advice for potential franchisees - Mason Sier Turnbull

11/06/2008 - Today, a potential franchisee has a choice selection from an estimated 1,080 franchises. However, whilst one particular franchise could be perfect for one person, it could be inappropriate for another. A lot of research must be done prior to getting ...

Mason Sier Turnbull: Terms and Conditions - Are yours in Need of Reviewing?

16/05/2008 - Are yours in need of reviewing? Many businesses have "terms and conditions of trade or sale", being the terms on which those businesses purport to transact business with their customers. Often, these are found printed on the back of standard business ...

The sting in the tail

11/01/2008 - The Franchising Code of Conduct (Code), which forms part of the Trade Practices ct 1974 (Cth), imposes obligations on franchisors, master franchisees, sub-franchisors and anyone who is involved in a franchise relationship. The numerous obligations imposed ...

Fast forward thinking for future franchisees

5/10/2007 - Many franchisees make the cardinal mistake of not looking far enough ahead when they enter into a franchise agreement. They find themselves caught up in the excitement of getting their new enterprise underway, and forget that there will almost certainly ...

Mason Sier Turnbull franchising Code update

3/10/2007 - Recently there has been a significant amount of publicity concerning the Mathews Committee Review of the disclosure provisions of the Franchising Code of Conduct ("the Code"). It has been widely reported that the Federal Government has accepted most ...

Think before you sell

25/09/2007 - Franchise owners who 'want out' need to put as much thought into selling their business as they would to selling their house. If you're in retail and there are no personal reasons which dictate a date, you will have the choice of selling before or after ...

Mason Sier Turnbull advice on closing the deal

24/09/2007 - From the outset, binding franchise documents generally comprise of a disclosure document, a franchise agreement (also sometimes called a licence agreement) and, for franchises that operate from business premises, an occupancy licence agreement. It is ...

Understanding a franchise agreement

21/09/2007 - The franchise agreement is the fundamental document governing the relationship between franchisor and franchise owner. It sets out the rights and obligations of both parties. For all of these reasons, it is important you understand exactly what is contained ...

Mason Sier Turnbull: Understand a franchise agreement

20/09/2007 - "The franchise agreement is the fundamental document governing the relationship between franchisor and franchisee. It sets out the rights and obligations of both parties." When you buy a franchise, you will no doubt have to sign a franchise agreement. ...

Mason Sier Turnbull's franchising advice

19/09/2007 - John Sier, principal, Mason Sier Turnbull, franchising lawyers, provides a crash course on the franchising industry. Franchising is often described as one of the most dynamic business sectors in the Australian economy. Since the early 70s it has accelerated ...

Mason Sier Turnbull: A fixed term franchise

15/09/2007 - Nearly all franchise agreements are for fixed terms. This common aspect of franchising is often taken for granted, and the ramifications of the limited term of the franchise are often overlooked by the excited franchisee that is going into a new business ...

Mason Sier Turnbull's advice on starting a franchise

13/09/2007 - If you’ve got a great product or a great idea and decide you should be franchising it, there’s a lot to be done before you set off down that path. The first step is to make sure that your proposed business activity lends itself to franchising and can ...

Mason Sier Turnbull franchise defines your franchise agreement

10/09/2007 - The Franchising Code defines "Franchise Agreement" as an agreement: a. That takes the form, in whole or part, of any of the following: i. a written agreement ii. an oral agreement ...

Mason Sier Turnbull discusses OH&S laws

10/09/2007 - The introduction of a new Occupational Health and Safety Act in Victoria means that franchisors now risk being prosecuted for deaths and injuries which occur on premises operated by their franchisees. The new Act, which brings Victoria into line with ...

The realities of retail tenancy, according to Mason Sier Turnbull

9/09/2007 - As many franchisors and franchisees have learned, shopping centre owners and their landlords rarely negotiate changes to the leases they offer prospective tenants. Because they have the upper hand, leases are usually offered on a 'take it or leave it' ...

Mason Sier Turnbull franchise checklist

7/09/2007 - Details on the Franchisor - For how long has the Franchisor conducted the franchised business? - Does the Franchisor comply with the Franchising Code of Conduct? - Have you seen a disclosure document? Evaluate the Franchise - Is it a new or existing ...

Firing in the new IR age

7/09/2007 - The recent amendments to the Workplace Relations Act 1996, commonly known as WorkChoices, provide substantial and complex considerations for employers with respect to termination of employment. While retaining unlawful termination as an avenue of redress ...

Mason Sier Turnbull franchise helps to unravel the code

6/09/2007 - Stricter disclosure requirements will be written into the Franchising Code of Conduct later this year in an effort to help prospective franchisees make more informed decisions before entering into franchise agreements. The changes follow the Federal ...

Mason Sier Turnbull franchise talks OHS

4/09/2007 - The introduction of a new Occupational Health and Safety Act in Victoria means that franchisors now risk being prosecuted for deaths and injuries which occur on premises operated by their franchisees. The new Act, which brings Victoria into line with ...

Buying a business vs buying a franchise

4/09/2007 - The most notable difference in purchasing a franchise, from purchasing an independent business, is that a franchised business has a level of support provided by the franchisor and its franchise network. Another notable difference between purchasing a ...

Mason Sier Turnbull advises: Think before you sell

3/09/2007 - Franchise owners who 'want out' need to put as much thought into selling their business as they would to selling their house. If you're in retail and there are no personal reasons which dictate a date, you will have the choice of selling before or after ...

Mason Sier Turnbull's advice for franchisee's

31/08/2007 - There are close to 54,000 franchised businesses in Australia and the number is growing almost daily. One reason for this growth is that more people are realising that becoming a franchisee can often be much cheaper and much less of a risk than setting ...

What the Government rejected, according to Mason Sier Turnbull

31/08/2007 - The five recommendations made by the Matthews Committee which the Federal Government declined to accept were: 1. The introduction of a mandatory process of franchisor registration and annual lodgement of disclosure documentation and other prescribed ...

Mason Sier Turnbull advises what to watch for

30/08/2007 - Across Australia, 2006 was a busy year for the franchising sector. In June, the Federal Government announced its review of the Franchising Code of Conduct (the Code). The purpose of the review was to focus on the adequacy of the disclosure sections of ...

Mason Sier Turnbull talks franchsing

29/08/2007 - Franchising is often described as one of the most dynamic business sectors in the Australian economy. Since the early 70s it has accelerated its growth and now represents in excess of 12 per cent of the nation's gross domestic product (GDP). Franchising ...

Mason Sier Turnbull discusses: To lease or not to lease

28/08/2007 - Whether or not to Lease premises is a question that will confront most Franchisors of "Static" and Retail based franchise systems at one point or another. There is no right or wrong answer to the question and no right or wrong way of structuring the ...

Mason Sier Turnbull helps unravel the franchising code

28/08/2007 - Stricter disclosure requirements will be written into the Franchising Code of Conduct later this year in an effort to help prospective franchisees make more informed decisions before entering into franchise agreements. The changes follow the Federal ...

Franchising Code Changes Announced

23/08/2007 - On 15 August 2007 the amendments to the Trade Practices (Industry Codes - Franchising) Regulations ("the Franchising Code") were announced by the Federal Minister for Small Business & Tourism. The amendments come into operation on 1 March ...

Tips and traps for tenants

21/08/2007 - Many franchised businesses are conducted from leased premises, with either the franchisor or franchisee required to sign a lease to obtain the right to occupy the premises. It is important to remember that there is no such thing as a 'standard lease'. ...

Mason Sier Turnbull advises: new record keeping obligations from 27 March 2007

17/08/2007 - The new Work Choices record keeping obligations commenced on 27 March 2007. Failure to comply with these new obligations may result in civil penalties and back payment claims for employee entitlements. Compliance will be monitored by the Office of Workplace ...

Mason Sier Turnbull deciphers the franchise territory

15/08/2007 - It is common in franchising systems and agreements to see references to "territories". Sometimes prospective franchisees misunderstand the references to territories in a franchise agreement and the context in which these references are made. In this ...

Mason Sier Turnbull franchise overview

14/08/2007 - Mason Sier Turnbull is a progressive and practical law firm that has been specialising in franchising for over 25 years. It has a franchising team of 12 lawyers. They can assist companies who are contemplating franchising their business or converting ...

Franchising - a buyer's market?

14/08/2007 - The franchising sector has been expanding rapidly in Australia and the number of new franchises keeps rising. It is becoming harder to attract franchisees because of a larger choice of businesses. Some franchised businesses can be attractive ...

Mason Sier Turnbull and the importance of franchise legal documents

29/05/2006 - According to Mason Sier Turnbull, from the outset, binding franchise documents generally comprise of a disclosure document, a franchise agreement (also sometimes called a licence agreement) and, for franchises that operate from business premises, an ...

Mason Sier Turnbull and the massive growth of franchising

24/05/2006 - According to Mason Sier Turnbull, there are close to 54,000 franchised businesses in Australia and the number is growing almost daily.One reason for this growth is that more people are realising that becoming a franchisee can often be much cheaper and ...

Mason Sier Turnbull on franchises registering trademarks

23/05/2006 - According to Mason Sier Turnbull, Franchisors that have built strong brands and successfully differentiated themselves from their competitors usually understand the role that colour can play in achieving marketplace visibility and customer recognition. ...

Mason Sier Turnbull and how leases can impact on franchises

23/05/2006 - The faith that Victoria’s property agents and landlords place in the standard form commercial and retail leases prepared by industry and other bodies is dangerously misplaced, according to Melbourne property lawyer Mark Kemp. Kemp, a senior associate ...

Mason Sier Turnbull on franchises and inspections

16/05/2006 - According to Mason Sier Turnbull, the Federal Court has ruled that although franchisors and their managers are entitled to audit and inspect their franchisees’ operations, franchise agreements contain an implied term which requires them to act in good ...

Mason Sier Turnbull and “floating” franchises

15/05/2006 - According to Mason Sier Turnbull, many franchise owners with retirement or ‘seachanges’ in mind commonly assume that they have only two options - to hand over the reins to their children or other family members, or put their enterprises up for sale. ...

sty

1/01/2001 - Franchising is often described as one of the most dynamic business sectors in the Australian economy. Since the early 70s it has accelerated its growth and now represents in excess of 12 per cent of the nation's gross domestic product (GDP). Franchising ...

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