Posted by Elizabeth Gore-Jones
on 11 November 2016
If a contract is entered into with a small business from 12 November, 2016 it will be subject to the new unfair contract terms laws.
If you generated the contract, we recommend you do the following:
1. where possible enter into meaningful negotiations with small business (this may take the contract out of the new regime); and/or
2. change potentially unfair clauses so, if a court rules they are unfair, you have a "second best" fall back position to rely upon within you...
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.
...
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...
