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?
...
Posted by Elizabeth Gore-Jones
on 14 June 2019
Did you know you can't set the retail price or a minimum price that a franchisee, distributor or a retailer must charge?
Many people are surprised about this.
Australia's competition laws want competition in the market place. If a fanchisor, manufacturer, wholesaler etc sets a retail price or says you can't charge below a minimum price then that will not encourage competition.
You can set a maximum price because that will encourage competition and get a better...
