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More ACCC Franchisor Court Action

Posted by Elizabeth Gore-Jones on 31 May 2017
The ACCC has sought leave to commence proceedings against Geowash Pty Ltd. These proceedings with allege: false or misleading representations; unconscionable conduct; failure to act in good faith. The action will be against the director and national franchising manager of the franchisor also. The ACCC will allege: the franchisor made representations of earning and profit capacity of franchisees when the franchisor had no grounds to make those claim...
Posted in: Business News Franchisee Franchisor  

Michel's Patisserie in the Courts - Prior Representations

Posted by Elizabeth Gore-Jones on 26 May 2017
In what is a seemingly busy time for franchising and the courts we have the new judgment of Guirguis Pty Ltd v Michel's Patisserie System Pty Ltd [2017] QCA 83 In point form this is what you need to know: The franchisee alleged the franchisor had made misrepresentations as to, amongst other things, the delivery and quality of stock and failed to disclose a key supplier had shut down impacting on a number of franchisees; The franchisees did not outline the alleged repr...
Posted in: Business News Franchisee Franchisor  

ACCC on Franchise Warpath

Posted by Elizabeth Gore-Jones on 19 May 2017
Hot on the heels of the Domino's ACCC fines, the ACCC has now instituted proceedings against Ultra Tune. In a strange case of deja vu these proceedings also include a failure to comply with the Franchising Code of Conduct Marketing Fund disclosure rules. In addition to that the ACCC is alleging, amongst other things, Ultra Tune failed to act in good faith (also a requirement under the Code). It will be beneficial to the franchising world to see some case law around the Code...
Posted in: News Franchisee Franchisor 2015 Code Changes  

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Bob Jane Corp Failure to Comply with Code

May 01 2020
The Franchising Code of Conduct requires that a franchisor advise a franchisee in writing at least 6 months before the end of the franchise term whether or not the franchisor intends to renew or extend the franchise agreement. A failure to com...

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