Special Leave Granted in Ketchell, but …
by
Norton Rose
Deacons partner Stephen Giles prepared an affidavit in support of the leave application noting the importance of the case to the sector. It appears that this affidavit has been instrumental in the success of the appeal. However, perhaps understandably, the High Court appears to have determined that it would be unfair to prejudice the franchisee financially in all the circumstances.
The ACCC was allocated funding to finance test cases in franchising when the New Deal Fair Deal reforms were introduced in 1998. This would seem a perfect application for some of these funds. It is also likely that the Franchise Council of Australia will lend its support, as it is critical that the appeal proceed.
For more information contact Stephen Giles. 03.03.2008
FCA Member
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