Posted by Elizabeth Gore-Jones
on 22 August 2019
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...
Posted by Elizabeth Gore-Jones
on 13 August 2019
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...
Posted by Elizabeth Gore-Jones
on 18 June 2019
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?
...
