Posted
on 31 October 2014
The case of SPAR Licensing Pty Ltd v MIS QLD Pty Ltd [2014] FCAFC 50 has considered the franchisor's obligation to provide updated solvency statements in disclosure documents given after the end of a financial year but before the disclosure document has been updated in accordance with the Franchising Code of Conduct (which currently allows franchisors until 31 October, 2014 to update it disclosure document for the previous financial year).
It was held the franchisor needed to provi...
Posted
on 29 October 2014
The raft of anticipated changes to the Franchising Code of Conduct are wide ranging and franchisors need to be aware of the anticipated new and extended obligations to be imposed on them.
One such change is the anticipated requirement for franchisors to disclose information to their franchisees and proposed franchisees about online sales.
It would seem that the franchisor will be required to disclose, amongst other things, the following:
1. if the franchisor, its associate...
Posted
on 28 October 2014
Dr Michael Schaper, the Deputy Chair of the ACCC has addressed the National Franchise Convention Legal Symposium.
His presentation can be viewed here www.accc.gov.au/speech/enforcing-the-franchising-code-recent -activities-proposed-reforms
Dr Schaper outlined the current cases being pursued by the ACCC against franchisors and also the case brought against 9 Harvey Norman franchisees for false and misleading representations about consumer guarantees.
He outlined that the ACCC has ...
