Posted by Elizabeth Gore-Jones
on 20 October 2016
"The ACCC has made it an enforcement priority to ensure small businesses receive the protections of industry codes of conduct, including the Franchising Code."
This is a direct quote of ACCC Deputy Chair, Dr Michael Schaper when commenting on proceedings the ACCC has recently issued seeking penalties under the (not so) new Franchising Code of Conduct.
If that isn't motivation enough to make sure franchisors are compliant with the Code then I don't know what is.
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Posted by Elizabeth Gore-Jones
on 23 September 2016
The ACCC issued a media release on 22 September, 2016 advising they have instituted proceedings against a franchisor and its former director for failing to comply with the Franchising Code of Conduct.
The Franchisor in question is Morlid Pty Ltd which is the franchisor for the Pastacup franchise system.
The Code requires a director of a franchisor to outline its relevant business experience. The ACCC alleges the director failed to disclose that he had been a director of...
Posted by Elizabeth Gore-Jones
on 19 September 2016
The new unfair contract terms taking effect from 12 November 2016 will apply to standard form contracts.
A contract will be taken to be a standard form contract unless the other party can establish to the contrary.
In determining if a contract is a standard form contract, the court must take into account:
1. Whether one (1) party has most of the bargaining power;
2. Was the contract prepared by one (1) party before any discussions were entered into by the parties;
3. Wa...
