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ACCC Takes Another Franchisor to Court
June 2019 ACCC takes another Franchisor to Court Key Takeaways The Australian Competition and Consumer Commission (ACCC) is increasingly active in commencing proceedings against a franchisors; andRepresentations made to franchisees by a franchisor’s promotional material to provide goods or services in a specified timeframe may be false, misleading or deceptive Overview of Claim Against [...]
Parliamentary Joint Committee Report on Fairness in Franchising
March 2019 Parliamentary Joint Committee Report on Fairness in Franchising Key Takeaways The Parliamentary Join Committee (Committee) released its long-awaited report on Thursday 14 March 2019. The Committee has made 71 recommendations for change to laws related to franchising, including but not limited to the Franchising Code of Conduct (Code). Retail Lease recommendations were [...]
Court confirms pattern of conduct by Franchisor unconscionable, misleading and deceptive
March 2019 The Federal Court of Australia confirms that a pattern of conduct by a car wash Franchisor (Geowash) was unconscionable, misleading and deceptive, and in breach of an obligation to act in good faith Key Takeaways A Court may determine a franchisor has engaged in unconscionable conduct or did not act in good [...]
Court Awarded Security for Costs Despite a Litigation Funder’s Indemnity Against Adverse Costs
March 2019 Court Awarded Security for Costs Despite a Litigation Funder's Indemnity Against Adverse Costs Key Takeaways The fact that the Plaintiff company is in liquidation or in the process of winding up in insolvency does not always mean that it will be unable to pay the litigation costs and the costs order. The [...]
Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees
February 2019 Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees Key Takeaways Distributions to the creditors of a company by a Liquidator can, in certain circumstances, be justified, even if there remain claims by former employees. A Liquidator ignoring claims of the former employees of a company with respect to [...]
Search and Seizure of Company’s Property, Books and Records by a Liquidator
January 2019 Search and Seizure of Company's Property, Books and Records by a Liquidator Key Takeaways A persistent pattern of non-cooperation and evasion of a person who is in possession of the company’s property or books is sufficient to satisfy the requirements in s 530C of the Corporation Act 2001 (Cth) (Act) and for [...]
More choice, tailored products and lower prices! Impacts of Consumer Data Right legislation.
October 2018 More choice, tailored products and lower prices! Impacts of Consumer Data Right legislation. Summary of key points The Consumer Data Right will apply to individuals, small to medium and large businesses. It is asserted that these rights will lead to more choice, tailored products and lower prices, amongst other things. If you [...]
Retail Leases – When can a landlord refuse consent to assign?
September 2018 Retail Leases – when can a landlord refuse consent to assign? The recent Victorian Consumer & Administrative Tribunal (VCAT) decision of AVC Operations Pty Limited v Teley Pty Limited [2018] VCAT 931 (Bush Inn Hotel Case) is a reminder highlighting the limitations on Landlord’s ability to refuse consent to an assignment of [...]
ACCC enforcing small business unfair contract terms
August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: http://www.teneolegal.com.au/small-business-unfair-contract-terms-one-year-on/). Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools [...]
Contract term that restricts time for making claim under ACL, unenforceable
August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which [...]
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