In a recent case the Fair Work Ombudsman has found that a Daiso Australia franchisee has underpaid workers on more than one occasion. This kind of behaviour can tarnish the reputation of a franchise system.  Especially, as in this case, where the franchisee has been required to place an advertisement in the Melbourne Herald Sun newspaper explaining what it has done and promising not to do it again. The franchise agreement should require the franchisee to, amongst other things,...

This blog considers the case of Civic Video Pty Limited v Yogies Pty Limited [2011] NSWSC 1107 (29 September, 2011). The Franchisee claimed that Civic Video acted unconscionably because the terms of the new franchise agreement were less advantageous to the Franchise than the old agreement. The court held there was nothing unconscionable in the way the new agreement became binding on the Franchisee.  The Franchise was not put under pressure to agree to the new terms of the new ...

In the case of Civic Video Pty Limited v Yogies Pty Limited [2011] NSWSC 1107 it was held that, in certain circumstances the variations to a “renewal” agreement may be so great that the agreement may be a new agreement rather than a renewal.  That was held not to be the case here.  The old agreement and the new agreement were found to be on similar terms concerning the same franchise and the same products and imposing similar obligations on both the Franchise...