Thomsons Lawyers News
Thomsons Lawyers on franchising and the SA Small Business Commissioner Act 2011
28/11/2011 - The Small Business Commissioner Act 2011 was passed in the South Australian Parliament in October 2011. Even though the Act has yet to come into operation, Thomsons Lawyers explains how it would affect franchisors, franchisees and individuals engaged ...
Thomsons Lawyers law firm expands scope with new Brisbane office
25/10/2011 - Thomsons Lawyers has recently expanded its national presence with a full service office in Brisbane, further reinforcing its status as one of the nation's fastest growing law firms. Chief Executive Partner, Adrian Tembel, is excited about ...
Thomsons Lawyers' franchising law firm the strategic partner all franchisors need
22/09/2011 - Thomsons Lawyers are a specialist commercial law firm with a highly skilled and experienced team including those specialising in franchise law. Franchising is a dynamic sector of the Australian economy that presents a range of opportunities ...
Thomsons Lawyers support NTT acquisition of 70% of Frontline Systems
20/06/2011 - Thomsons Lawyers has assisted an acquisition by NTT Communications Corporation, a Japanese global trading firm, of 70% of Frontline Systems Australia, an IT company wityh headquarters in Sydney that employs over 200 people. “We worked across ...
New mandatory reporting requirements to be introduced for consumer products and services, reports Thomsons franchise lawyers
27/10/2010 - Franchise lawyers from Thomsons Lawyers have noted that a new mandatory reporting system will be introduced by the Trade Practices Amendment Act 2010, specifically pertaining to suppliers of consumer goods and product related services. The reporting ...
Thomsons franchise lawyers report on amendments to Franchising Code of Conduct
9/09/2010 - Recent changes made to the Franchising Code of Conduct are now in place, report franchise lawyers from Thomsons Lawyers, and all franchise disclosure documents issued and franchise agreements entered into will need to reflect these amendments. Two ...
Termination of franchise – Thomson Playford Cutlers highlights the lessons to be learnt from the Blockbuster decision
17/06/2010 - Late in 2009 the New South Wales Supreme Court handed down a decision in a matter brought by Blockbuster Australia Pty Ltd (Blockbuster) against a franchisee, Karioi Pty Ltd (Karioi). The judgment contains cautionary lessons for franchisors, particularly ...
Revolutionary changes in Consumer Law now in effect reports Thomson Playford Cutlers
15/06/2010 - New laws are in effect from 15 April 2010 which will fundamentally alter the enforcement and application of laws relating to how business relates to consumers. The key changes are: National enforcement regime - The Commonwealth and State ...
Thomson Playford Cutlers reports on Government announcement of additional disclosure requirements
12/04/2010 - The expert panel established by Federal Minister Dr Craig Emerson in November 2009 to look at specific behaviours that might be considered inappropriate in a franchising arrangement handed down their findings in a joint report in February 2010. The ...
Thomson Playford Cutlers report on Federal Government's announcement of changes to the Franchising Code of Conduct
9/12/2009 - Federal Minister for Innovation, Industry, Science and Research announced on 5 November 2009 that the Government will strengthen the Franchising Code of Conduct and the unconscionable conduct provisions of the Trade Practices Act to offer small ...
Thomson Playford Cutlers report on the proposed new "Australian Consumer Law"
26/11/2009 - Legislation was introduced into Parliament on 26 October 2009 to amend the Trade Practices Amendment (Australian Consumer Law) Bill 2009 (ACL Bill) that was first introduced into the House of Representatives on 24 June 2009. Introduced by the ...
Brand attack by the internet
17/06/2009 - We have seen an increase in the registration of internet domain names and creation of websites which have been registered for the sole purpose of attacking a franchise system or attracting business away from a franchise system.The domain names being ...
Federal inquiry report released
16/06/2009 - On 25 June 2008, the Parliamentary Joint Committee on Corporations and Financial Services (Committee) agreed to conduct an inquiry into the Franchising Code of Conduct (Code). After considering around 160 written submissions and evidence provided during ...
Ketchell - what does it mean?
15/06/2009 - The High Court recently gave its judgment on the most important franchise case since the introduction of the Franchising Code of Conduct. As pre-empted by Thomson Playford Cutlers’ Partner, Sean O’Donnell, the High Court allowed the franchisor’s ...
Thomson Playford’s Franchising expertise
14/06/2008 - Currently, there are over 50,000 franchise systems operating in Australia. The legal framework within which they operate is complex, and the associated risks need to be carefully identified and managed to ensure success. Faced with a multitude of commercial, ...
Important Recent Franchising Decision
13/06/2008 - The recent decision in Ketchell v Master of Education Services Pty Ltd ("Ketchell Decision") illustrates that failure to comply with the Franchising Code of Conduct ("Code") may have the consequence that a franchise agreement is void and unenforceable.Background ...
Reflections of a Mediator
12/06/2008 - Franchise disputes Franchise disputes are the types of dispute that are made for mediation. The parties often have an interest in continuing a long term relationship and need to get their immediate issues onto the table and resolved before they can go ...
FRANCHISING FAILURES COSTING BUSINESS OWNERS - Thomson Playford lawyers
16/04/2008 - Impatience, not paying attention to details and hiring the wrong people are among the top reasons for franchising failures, says commercial law firm Thomson Playford Cutlers. In an industry that is worth $100 billion a year and still growing, many ...
Employees personally liable for misleading conduct
20/02/2008 - The High Court recently decided that employees who do or say something that constitutes misleading or deceptive conduct can be personally liable under the Trade Practices Act and the various States Fair Trading Acts. This is a landmark decision that ...
International developments
20/02/2008 - Australian franchisors wanting to go to the United States or China should be aware of some recent changes.United States Currently, franchisors have to give potential franchisees a disclosure document ‘at the first personal meeting’. In reality, this ...
IFA Convention - Las Vegas
20/02/2008 - The International Franchise Association (IFA) premier international franchising convention held in Las Vegas has been and gone for 2007. Sean O'Donnell, a partner in our franchise team, attended the Convention as part of the Franchise Council of Australia ...
Effective mediation: what do I do?
20/02/2008 - Mediation is now widely used in corporate disputes to avoid the courts. In fact, over the last few years a high percentage of corporate disputes are resolved by mediation, and for disputes that do end up in the courts, more often than not, they have ...
Franchising Code - extra disclosure!
19/02/2008 - In June last year, the Australian Government announced that it would review the disclosure provisions of the Franchising Code of Conduct (Code) and appointed Graeme Matthews to lead a Committee to review the Code. The Committee reported back to the Government ...
$200,000 fine for ex-managing director of franchisor
18/02/2008 - A recent case involving resale price maintenance is particularly relevant for franchisors because of a number of statements made by the Judge. The ACCC prosecuted Jurlique International Pty Limited for resale price maintenance. The penalties totalled ...
Incorrect pricing can prove costly!
18/02/2008 - Franchisors and franchisees who advertise: be on notice. The Australian Competition and Consumer Commission (ACCC) is currently focused on was/now discount advertisements. Was/now advertising is a common way of enticing consumers to buy a product or ...
Amendments to the Franchising Code of Conduct
15/02/2008 - The amendments to the Franchising Code of Conduct, which commence on 1 March 2008, present some significant changes for franchisors. The amendments affect not only the content of disclosure documents, but also place further restrictions on the inclusion ...
ALERT: Strict compliance with the Code is necessary
15/02/2008 - In a recent case, Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal has handed down a significant decision that will have far reaching effects on franchisors.Facts Under clause 11(1) of the Franchise Code of Conduct ...
When a 'deposit' payable under a contract may not be a deposit
15/02/2008 - How the payment of deposits is structured under certain business and franchise transactions could potentially be affected after a recent judgement in the New South Wales Court of Appeal. In the recent case of Iannello & Anor v Sharpe, the New South ...
Preparing for the changes to the Franchising Code
14/02/2008 - The changes to the Code come into force on 1 March 2008. Time will quickly run out for franchisors to prepare.These are five key areas: 1 Are you a master franchisee under a master franchise granted by a foreign franchisor? If so, your foreign franchisor ...
Inquiry into market for retail tenancy leases in Australia
14/02/2008 - In June, the Treasurer, on behalf of the Australian Government, asked the Productivity Commission to conduct an independent public inquiry into the market for retail tenancy leases in Australia. This is a positive initiative and has been well received ...
State government reviews
13/02/2008 - The South Australian and Western Australia State Governments are conducting reviews into franchising. The catalyst for the Western Australia review appears to be a decision by Yum Restaurants not to renew franchise agreements for 50 KFC franchised stores ...
Franchisors beware - unfair contracts claims still available for disgruntled franchisees?
12/02/2008 - The franchisee applicants in Houlburn & anor v Shig Pty Ltd [2007] NSWIRComm 104 alleged that the master franchise they had entered into was not a viable business. S.109 of the Australian Constitution allows a federal law to prevail over a state ...
Franchising Code of Conduct
12/02/2008 - With the changes to the Franchising Code of Conduct, numerous lawyers have been giving advice and sending newsletters to clients. Unfortunately, we think some of the advice that franchisors are getting is incorrect.We say this because: we have seen some ...
Thomson Playford expertise as a corporate law advisor
12/10/2007 - Thomson Playford offers legal advices and services across a range of industries and businesses in Australia. The legal advice provider strives to help businesses in achieving growth and development and also assists in providing the best possible support ...
Thomson Playford bags award for providing free legal services to the homeless
12/10/2007 - Thomson Playford has been recognised in the past and in the recent times for its work as a legal services provider. The ‘2007 Premier’s Business Award in Volunteering’ has been won by the legal services provider on 11 June 2007 during the Volunteer Day ...
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