Today's post might be better titled "You don't know what you don't know". The story goes something like this: you enter into a contract the contract includes a provision where the goodwill or intellectual property of a third party is protected the third party is not a party to the contract you breach the goodwill or intellectual property provision The third party can't pursue you because it isn't a party to the contract, rig...

ASQA has released new requirements for RTO third party arrangements. They may trigger the obligation for RTOs to be a franchisor under the Franchising Code of Conduct. When following the ASQA requirements, an RTO may also be required to comply with the Franchising Code if: 1. The RTO must tell its third party providers how to operate or market their business; 2. The third party must undertake advertising using the RTO's logo, trade mark etc; 3. The third party is re...

Not all restraints of trade are enforceable. Some matters that may impact the enforceability of a restraint include: 1. in the case of a franchise, did the franchisee operate from the same premises or do the same type of work before entering into the franchise? 2. what is the restraint protecting? 3. will the restraint stop the "restrainee" from earning a living? 4. is it against public policy? 5. can the protected party be protected in some other way? ...