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Cartel conduct laws passed - criminal penalties now law (23/07/2009)

... The amendment to the Trade Practices Act to introduce criminal penalties (including up to 10 years jail) for cartel conduct has been passed by Parliament. The main provisions commence on 24 July 2009. If an organisation enters into a contract, ...

Franchise agreements free from unfair contracts law (30/06/2009)

... Franchisors facing substantial re-writes of their franchise agreements to comply with the upcoming unfair contracts legislation can breathe a sigh of relief. The Federal Government has introduced its new national consumer law legislation into ...

New laws on unfair contracts likely (26/06/2009)

... The Government will introduce a bill to Parliament in June to take effect in January 2010 that includes provisions which may make unfair terms in standard-form contracts void.So what is meant by ‘unfair’? The test is apparently whether the contract ...

Australian Competition and Consumer Comission (23/06/2009)

... How can you make the most of your time at an expo? Start early and do your research, ask questions and be informed advised Dr Michael Schaper Deputy Chairman of the Australian Competition and Consumer Commission.Australia is home to more than 1000 ...

Acquiring competitive franchise networks (19/05/2009)

... The difficult economic conditions and the high numbers of franchise systems in Australia are likely to result in significant opportunities for franchise networks that are performing strongly to acquire a competitive network that is ...

Diary of a new Shingle Inn franchisor (27/04/2009)

... How does a family business operating successfully for 72 years approach the task of becoming a coffee shop franchise Shingle Inn Director Andrew Bellchambers reflects on some of the trials, tribulations and lessons learned over 12 months as his ...

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 ...

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 ...

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 ...

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 ...

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 ...

Franchising Code of Conduct: Implications of the Ketchell decision (27/11/2008)

... The High Court decision in Master Education Services Pty Ltd v Ketchell, [1] delivered on 27 August 2008, has wide reaching implications for the franchise industry. Finding in favour of the franchisor, the Court held in a unanimous joint judgment, ...

State inquiries into Franchising (24/11/2008)

... Following on from the federal government's inquiry into franchising (and the subsequent changes to the Code), both the South Australian and Western Australian governments commenced their own Inquiries into franchising. The findings and ...

Life after Ketchell: Still a Lesson for Franchisors (5/11/2008)

... Ketchell (Master Education Services Pty Limited v Ketchell [2008] HCA 38) was recently subject to a successful appeal to the High Court of Australia. All Franchisors would be aware of the significance of the case. The High Court decision is ...

Multiple Choice (7/10/2008)

... Buying a franchise is no longer about finding the best system for your needs and budget, doing due diligence and sourcing the right location or territory. Today's franchisees are forecasting for a second or third franchise.Multi-unit franchising ...

The Role of a Lawyer in Helping to Establish a New Franchise Business (24/09/2008)

... When considering starting a franchise program, it is important to obtain the right advice. It would be usual to obtain business, accounting and legal advice. No one advisor is an expert in all three fields. The two key roles of a legal ...

The Role of a Lawyer in Advising a Franchisee (24/09/2008)

... Whether or not to enter into a franchise agreement usually involves a business decision by the prospective franchisee about putting a substantial proportion of their life savings on the line and/or entering into contractual obligations that far ...

Franchising Flaws: Buyer Beware (19/09/2008)

... Buying a franchise involves considerable investment of money and time. Whilst most franchise businesses have a proven system and are operating profitably, buyers should be aware that franchise systems do fail. Before buying a franchise, you should ...

Franchising Expertise at Stephens Lawyers & Consultants (19/09/2008)

... Stephens Lawyers represents leading Australian franchisors with operations in over 20 counties. The firm has experience with internationally based franchisors operating in a diverse range of industries. Stephens Lawyers can provide advice on the ...

Commercial Franchising in China (19/09/2008)

... China offers Australian companies an important market for international franchising expansion. Franchisors must comply with the Chinese franchise laws (Regulations on Administration of Commercial Franchise), recently promulgated by the State ...

International Expansion – Is your franchise business ready? (19/09/2008)

... Expanding a franchise business overseas requires careful planning, assessment and understanding of international markets. Among other things, it is important to:- ensure that you register your intellectual property in the target countries- assess ...

Franchising in Australia (19/09/2008)

... Franchising is a rapidly expanding Australian business sector. To successfully expand into the Australian market, franchisors should consider the possible franchising structures available and ensure that their intellectual property rights are ...

Franchise Contract stability- the effect of “Ketchell’s case” (18/09/2008)

... The High Court’s unanimous Ketchell Case decision was handed down on 26 August 2008. The court’s decision has removed a great deal of ambiguity and provided the sector with greater certainty.In February 2000, a franchisee (Ms Jean Ketchell), was ...

FRANCHISING MATTERS @ M+K continued... (19/08/2008)

... STATE INQUIRIES INTO FRANCHISINGFollowing on from the federal government's inquiry into franchising (and the subsequent changes to the Code), both the South Australian and Western Australian governments commenced their own Inquiries into ...

Keeping the Balance in Franchising Law (5/08/2008)

... No one wants to be caught up in expensive and time consuming litigation – least of all franchisors intent on growing their networks. Inconsistencies between the Trade Practices Act (TPA) and the Franchising Code of Conduct (Code) increase the risk ...

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 ...

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 ...

What every franchisor must know (10/06/2008)

... Franchising in Australia today is big business and everyone seems to want to get involved. Currently, there are more than 900 systems with a collective turnover greater than $120 billion. Even big corporations like ANZ are franchising. Meanwhile, ...

Is the franchising price right? (10/06/2008)

... With well over 1,000 franchise models available in the market and different levels of activity in different franchises, there are a huge number of franchised businesses being offered for sale. They may come from a glossy brochure or a website that ...

A beginner’s guide to choosing a franchise (10/06/2008)

... For most people, the prospect of looking to buy a franchise can appear frightening and confusing. The main reason for this is that it is a new experience clouded by uncertainty and encompassing a range of new issues that appear on the surface to be ...

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