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 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 by Elizabeth Gore-Jones
on 8 May 2017
Domino's has the dubious honour of being the first company to pay penalties for failure to comply with the Franchising Code of Conduct ( the "Code").
Domino's has paid $18,000 in penalties because the ACCC issued infringement notices because it believed they had failed to provide franchisees with an annual marketing fund financial statement and an auditor's report within the time limits prescribed under the Code.
Domino's provided the statement and report in lat...
