Franchising Law & Lawyers

A franchise is a formal business relationship between a franchisor and a franchisee, whereby the franchisor:

  • allows the franchisee to use its name and its know-how (under licence),
  • exercises a degree of control over the franchisee's business methods,
  • takes payments from the franchisee, and
  • usually provides continuing training for the franchisee

If you have a franchising issue and would like legal help regarding a franchise or any other aspect relating to franchising law please complete your free legal enquiry form on the left, or click here.

What is Franchsing?

Franchising is a method of marketing and distribution where a company (called the franchisor) expands nationally or internationally by granting a person or company (called the franchisee) the right to operate a copy of its business in another geographic area. The right will usually include the ability to use the brand name, the business system and the know-how of the franchisor.

The franchisor gains its income from initial and ongoing fees paid by the franchisee. In return, it must provide a variety of services to encourage the continuing profitability and growth of the franchisee’s business.

Franchisees invest in setting up the business in their own areas and are the owners of their own businesses. They receive their income from successfully marketing their products or services under the brand name of their franchisor.

If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the left, or click here.

The Australian Franchising Code of Conduct

In Australia, the franchise sector is overseen by the Franchising Code of Conduct, a mandatory industry code under the Competition and Consumer Act 2010, (formerly the Trade Practices Act 1974).

It is administered and enforced by the Australian Competition and Consumer Commission (ACCC).

The latest Australian Federal Government reforms to the franchise regulations in Australia, came into effect from July 2010 and January 2011 for the varying amendments.

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

Franchising Law

Entering into a franchise agreement whether you are buying or selling in any sector a franchise can be challenging. The agreements are normally complex and difficult to understand. It is therefore important to find the right lawyer who can go through the ins and outs of the clauses so that you have an understanding of the implications of entering into such a contract.

If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the left, or click here.

Some of the aspects a franchise lawyer will aid in include:

  • Drafting and reviewing key franchise documents
  • Advising and assisting on sales of purchases of franchised businesses
  • Advising and assisting on sales, purchases and restructuring of franchise systems
  • Assisting on Information Technology agreements for franchisors
  • Strategic Planning and Advice (including asset protection)
  • Multi-tiered franchising options (including master franchising)
  • Capital Fundraising

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

Are you contemplating a franchising opportunity?

Franchising is recognised as a highly flexible means for established businesses to expand, and for people to run their own businesses with less risk, and usually a smaller capital investment, than a traditional "start up".

If you are currently a franchisor or franchisee or if you are thinking of starting or investing in franchise businesses, franchising lawyers can provide all the expertise and advice you need. Our service is comprehensive, offering full brand protection for franchisors, critically important documents such as operating manuals and security documents, and a full range of employment, property, intellectual property, commercial contract preparation and other services, allowing you to concentrate on maximising any opportunities that may arise.

Franchising lawyers also work with franchised businesses which have fallen into dispute internally – whether the conflict is between franchisees, or between the franchisor and one or more of its franchisees. We can also help you to deal with external disputes, for example with suppliers, customers, competitors, and regulatory authorities. Whatever issues you might face, franchising lawyers can help you deal with them in the most effective way possible.

Franchise Disputes - Franchisor & Franchisee

Unfortunately franchising disputes can occur with any different type of franchise.

Franchising lawyers have considerable experience in dealing with franchise disputes.

Franchising lawyers use their experience gained from our time working with franchisors to your benefit, as we understand both parties' interests and can consider the legal implications from both sides of the fence which ensures that you receive the most cost effective advice.

Franchising lawyers have a good relationship and work very closely with expert franchise barristers.

The issues that come up the most in franchise disputes are:

-Misrepresentation – where the franchisee was given factual information prior to entering the franchise, by the franchisor, that the franchisee relied on when deciding whether to enter the agreement and which has turned out to be untrue. This can include the cost of supplies, projections/cash flows and representations about other franchisees.

-Termination – where either the franchisor wants to terminate the agreement and is alleging that the franchisee has breached the agreement or the franchisee wants to see if it has the right to get out of the agreement.

-Restrictions on Trading – whether or not clauses restricting a franchisee from trading for a period after the agreement ends are enforceable and if there are any ways around these clauses.

If you have a franchising issue or franchising dispute and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the left, or click here.

Alternatively, if you are looking at purchasing or selling a franchise or have a franchising dispute and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

 

Further Resources - Franchising Law & Lawyers


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Franchising Law & Lawyers News

NEWS & FURTHER INFORMATION - Franchising Law & Lawyers

Regulations affecting franchising in Australia:

  • Franchising Code of Conduct
  • Oil Code
  • Competition and Consumer Act 2010 (supersedes Trade Practices Act 1974)
  • Retail Leasing legislation (various states)
  • Corporations Act (2001)
  • Fair Trading legislation (various states)
  • Intellectual Property (IP) legislation (including Copyright)

Of these, only the Franchising Code of Conduct is specific to franchising. All other laws apply to both franchised and non-franchised businesses.

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

What is Franchising?

The term 'franchising' has been used to describe many different forms of business relationships, including licensing, distributor and agency arrangements. The more popular use of the term has arisen from the development of what is called 'business format franchising.'

Business format franchising is the granting of a license by one person (the franchisor) to another (the franchisee), which entitles the franchisee to trade under the trade mark/trade name of the franchisor and to make use of an entire package, comprising all the elements necessary to establish a previously untrained person in the business and to run it with continual assistance on a predetermined basis.

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

The principle is simple - some companies choose to grow, not by developing in the conventional way, but by granting a license to others to sell their product or service. There are clear advantages to this:

You don't have to come up with a new idea - someone else has had it and tested it, too!

Larger, well-established franchise operations will often have national advertising campaigns and a solid trading name
Good franchisors will offer comprehensive training programmes in sales and indeed all business skills.
Good franchisors can also help secure funding for your investment as well as e.g. discounted bulk-buy supplies for outlets when you are in operation

If aware that you are running a franchise, customers will also understand that you will be offering the best possible value for money and service - although you run your 'own show', you are part of a much larger organisation.

Who is in Control?

Each business outlet is owned and operated by the franchisee. However, the franchisor retains control over the way in which products and services are marketed and sold, and controls the quality and standards of the business.

What are the Cost Implications?

The franchisor will receive an initial fee from the franchisee, payable at the outset, together with on-going management service fees - usually based on a percentage of annual turnover or mark-ups on supplies. In return, the franchisor has an obligation to support the franchise network, notably with training, product development, advertising, promotional activities and with a specialist range of management services.

Franchising is not a business itself, but a way of doing business.

It is essentially a marketing concept - an innovative method of distributing goods and services. It is also an extremely successful and rapidly growing aspect of Australia's small business sector.

Franchising is a business relationship in which the franchisor (the owner of the business providing the product or service) assigns to independent people (the franchisees) the right to market and distribute the franchisor's goods or service, and to use the business name for a fixed period of time. The International Franchise Association defines franchising as a "continuing relationship in which the franchisor provides a licensed privilege to do business, plus assistance in organising training, merchandising and management in return for a consideration from the franchisee".

"Franchising" is used to describe a number of business models, the most commonly identified of which is "business format franchising". But there are other models which are also dependent on franchise relationships. These include:

1.Manufacturer-Retailer: Where the retailer as franchisee sells the franchisor's product directly to the public. (eg. New motor vehicle dealerships).

2.Manufacturer-Wholesaler: Where the franchisee under license manufactures and distributes the franchisor's product (eg. Soft drink bottling arrangements).

3.Wholesaler-Retailer: Where the retailer as franchisee purchases products for retail sale from a franchisor wholesaler (frequently a cooperative of the franchisee retailers who have formed a wholesaling company through which they are contractually obliged to purchase. eg. Hardware and automotive product stores).

4.Retailer-Retailer: Where the franchisor markets a service, or a product, under a common name and standardised system, through a network of franchisees. This is the classic business format franchise.

The first two categories above are often referred to as product and tradename franchises. These include arrangements in which franchisees are granted the right to distribute a manufacturer's product within a specified territory or at a specific location, generally with the use of the manufacturer's identifying name or trademark, in exchange for fees or royalties.

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the left or click here.

The business format franchise, however, differs from product and tradename franchises through the use of a format, or a comprehensive system for the conduct of the business, including such elements as business planning, management system, location, appearance and image, and quality of goods.

Standardisation, consistency and uniformity across all aspects are hallmarks of the business format franchise.

Business format franchising is today the fastest-growing segment of franchising and has spread to virtually every sector of the economy in Australia. It has significantly more franchise systems, more outlets, more employees and more opportunities than product and tradename franchises.

Business format franchising requires a unique relationship between the franchisor (the owner of the system) and the franchisee (the owner of the individual outlet), which is commonly referred to as a "commercial marriage".

This ongoing business relationship includes the product, service and trademark, as well as the entire business concept itself from marketing strategy and plan, operational standards, systems and formats, to training, quality control and ongoing assistance, guidance and supervision.

In short, it provides small business (the franchisee) with the tools of big business (provided by the franchisor).

It is also a Win-Win relationship where the franchisor is able to expand its market presence without eroding its own capital, and the franchisee gains through access to established business systems, at lower risk, for their own commercial advantage.

The "commercial marriage" between franchisor and franchisee is ultimately a legal relationship, with the full obligations and responsibilities of both parties outlined in a highly detailed franchise agreement. This commercial contract varies in length and conditions from one system to the next, such that it would be almost impossible for any two franchise systems to have identical agreements.

By nature of the relationship, the franchise agreement will be imbalanced in favour of the franchisor, as the franchisor must at all times remain in control over certain standards critical to the ongoing success of the business format.

If you need legal advice regarding Franchising Law, then please complete your free legal enquiry form on the left, and we will put you in touch with a Franchising Law lawyer nearest you, who can help you with Franchising Law.

Our free legal enquiry service for Franchising Law extends to all suburbs and locations throughout Australia.

Franchising Law & Lawyers Updates

MYOB FCA Excellence in Franchising Award Winners Honoured in Canberra

Wed, 12 Oct 2016 19:59:19 +1000

MEDIA RELEASE   MYOB FCA Excellence in Franchising Award Winners Honoured in Canberra Wednesday 12 October 2016 The Franchise Council of Australia honoured franchising's best and brightest at the MYOB FCA Excellence in Franchising Awards Gala Dinner last night at the National Franchise Convention Centre, Canberra. Th...

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SA EXCELLENCE IN FRANCHISING AWARDS

Tue, 16 Aug 2016 12:17:11 +1000

MEDIA RELEASE The Franchise Council of Australia (FCA) recognised franchising's best in South Australia at the 2016 SA Excellence in Franchising Awards night in Adelaide last night. Special guest John Chapman, Office of Small Business Commissioner also attended the Awards night with FCA CEO Damian Paull and Executive Chairman...

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WA EXCELLENCE IN FRANCHISING AWARDS SHOWCASE FRANCHISING SUCCESS STORIES

Mon, 18 Jul 2016 14:41:58 +1000

  WA Excellence in Franchising Awards showcase outstanding franchising success.   The Franchise Council of Australia (FCA) recognised franchising's best in Western Australia at the 2016 WA Excellence in Franchising Awards night in Perth on Friday 15 July. FCA CEO Damian Paull, presented the awards and was thrill...

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The "in a nutshell" Policy summary

Fri, 01 Jul 2016 11:34:27 +1000

  The key Election Campaign Policy announcements In a nutshell ... Coalition Government "Backing Small Business" policy extract: The Coalition's policy is framed in terms of driving jobs growth, and draws from the 2015/16 Budget initiatives including: A 1.5 percentage point tax cut for incorporated smal...

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Executive Chairman of the Franchise Council of Australia features on Franchise Business

Wed, 29 Jun 2016 17:44:50 +1000

Bruce Billson appeared on today's Franchise Industry Bulletin to talk about how engaging with mainstream media can take the FCA to higher grounds and bring positive momentum to the sector. With a background in politics as the former Minister of Small Business, Bruce knows how to engage with the franchise community and ask the hard questi...

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Franchise stars shine at Vic/Tas Excellence in Franchising Awards

Tue, 07 Jun 2016 12:58:48 +1000

The Franchise Council of Australia (FCA) recognised franchising's best in Victoria and Tasmania at the 2016 Vic/Tas Excellence in Franchising Awards presentations in Melbourne on Monday night. Winners at the event included Michael and Andrea Smith of Clark Rubber, who were named Vic/Tas Multi Unit Franchisee of the Year; David and Zivanja C...

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Franchise Council of Australia announces new CEO - Damian Paull

Fri, 27 May 2016 10:52:45 +1000

The Franchise Council of Australia (FCA) is delighted to announce the appointment of Damian Paull as its new CEO. The FCA Board and growing membership are delighted to welcome Mr Paull as our new Chief Executive and very much look forward to working together to grow, promote and nurture success in the vibrant franchise sector, FCA Executi...

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Franchise Council of Australia welcomes Federal Budget small business stimulus initiatives

Wed, 04 May 2016 11:26:36 +1000

The Franchise Council of Australia welcomes initiatives announced in the 2016 Federal Budget to stimulate economic prosperity in the small business sector. "Almost all franchisees and 95 per cent of franchisors operating in Australia are small businesses. The small business tax cuts announced in the 2016 budget will provide these ent...

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FCA partners with The Australian Franchise Registry (TM)

Wed, 20 Apr 2016 09:28:30 +1000

Media release The Australian Franchise Registry (TM), operated by Frandata, has announced a formal strategic and business partnership with the Franchise Council of Australia (FCA), the peak body for the franchise sector in Australia. The partnership will enable the FCA and Frandata, a leading international source of independent franch...

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NSW/ACT Excellence in Franchising Awards Showcase Franchising Success Stories

Tue, 12 Apr 2016 14:24:50 +1000

Media Release The Franchise Council of Australia (FCA) recognised franchising's best in New South Wales and the Australian Capital Territory at the Franchise Council of Australia's 2016 NSW/ACT Excellence in Franchising Awards presentations in Sydney on Monday night. Winners at the event included Daniel Mesiti and Anthony Stahl...

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Franchising's Peak Body Supports Strong Franchising Sector

Fri, 08 Apr 2016 15:28:17 +1000

Media Release The Franchise Council of Australia (FCA) today reiterated that every single one of the 460,000 Australians who derive their livelihood from franchising should receive their full, legal entitlements. The FCA's comments come ahead of the Saturday release of the Fair Work Ombudsman's Report into 7-Eleven's opera...

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New FCA Board chair appointed - Billson aims to boost buoyant sector

Mon, 28 Mar 2016 15:39:23 +1000

Media Release The $144 billion franchise sector is set for a new era with the appointment of former Federal Cabinet Minister Bruce Billson to the Board of the Franchise Council of Australia (FCA) as Executive Chair. The FCA's mission is to support the growth and success of franchising and the appointment of Mr Billson to lead the ...

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Hit the franchising hot spot in Sydney: media release

Thu, 10 Mar 2016 08:44:23 +1000

Sydney's Royal Hall of Industries at Moore Park will be filled with the who's who of franchising next week at the Franchising & Business Opportunities Expo from Friday 18th Sunday 20th March. This enterprising event offers visitors a forum to compare and research a diverse range of franchise opportunities, with investment leve...

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Franchise International Malaysia 2016 - Southeast Asia's Largest Franchise Exhibition and Conference

Tue, 23 Feb 2016 09:08:31 +1000

Franchise International Malaysia (FIM2016) will be held from 6-8 of May at the Putra World Trade Centre (PWTC), Kuala Lumpur. Organised by the Malaysian Franchise Association (MFA) and the Ministry of Domestic Trade, Cooperatives and Consumerism Ministry (KPDNKK), Franchise International Malaysia enters its 23rd consecutive year in 2016....

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Funding Grants for Women in Retail

Mon, 15 Feb 2016 15:45:47 +1000

In 2016 Women & Leadership Australia is administering a national initiative to support the development of female leaders across the retail sector. From 10 February 2016 the initiative will provide women in the retail sector with grants for leadership development. More specifically, grant applications are open to women employed in the ret...

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Excellence in Franchising Awards recognise QLD/NT's best in franchising

Wed, 10 Feb 2016 09:00:06 +1000

The important contributions that franchising makes to local communities and the opportunities the sector provides to foster business success were on show at the Franchise Council of Australia's 2016 QLD/NT Excellence in Franchising Awards presentations in Brisbane on Monday night. Winners at the event included Drew Sherwin and Amanda Monag...

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Strength of the Australian Franchising Sector on Show

Thu, 04 Feb 2016 11:32:15 +1000

Two Australian franchises have been announced as winners of The International Franchise Association's (IFA) NextGen in Franchising Global Competition, a high honour and further proof of the calibre and ongoing strength of the Australian Franchising Sector. Representing Australia, the winners - Jai Hobbs, Co-Founder Paleo Café,...

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Use SuperStream to cut super admin by 70 per cent

Thu, 10 Dec 2015 14:44:56 +1000

Did you know that SuperStream is cutting the time small businesses spend on super administration by around 70 per cent? With 2016 on the horizon, the Australian Taxation Office (ATO) is encouraging small businesses to cross SuperStream off their 'to-do' list ahead of the 30 June deadline and reduce time spent on super administrat...

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MYOB FCA Excellence in Franchising Award winners honoured on the Gold Coast

Wed, 14 Oct 2015 08:01:17 +1000

The Franchise Council of Australia honoured franchising's best and brightest at the MYOB FCA Excellence in Franchising Awards Gala Dinner last night at the RACV Royal Pines Resort on the Gold Coast. The big winner on the night was Boost Juice Bars, who were named Australian Established Franchisor of the Year. "Winning an awar...

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National Franchise Convention 2015 focuses on best practice

Mon, 12 Oct 2015 16:09:28 +1000

The National Franchise Convention 2015 (NFC15) has focused on best practice franchising, and has highlighted the importance of the franchising to Australia's small business sector. Speaking at the opening of NFC15, Franchise Council of Australia Chairman Michael Paul told more than 400 delegates that franchising provides the critical...

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ATO reminds employers: time running out to take advantage of SuperStream compliance flexibility

Tue, 22 Sep 2015 09:46:15 +1000

The ATO is reminding large and medium employers they must be SuperStream compliant by no later than 31 October. The ATO previously announced it would allow these employers (those with 20 or more employees) an additional four months to adopt SuperStream, following the 30 June deadline. With the extended deadline now rapidly approaching...

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FCA partners with Tiger Pistol

Fri, 18 Sep 2015 10:54:14 +1000

Press release Franchise Council of Australia and Tiger Pistol announce partnership   Social media technology business Tiger Pistol today announced its alliance with the Franchise Council of Australia (FCA), the peak body for the franchise sector in Australia. ...

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Get ready Perth, there's no better time to be your own boss: media release

Mon, 07 Sep 2015 17:01:04 +1000

After a long break the Franchising & Business Opportunities Expo is returning to Perth next May, with organisers reporting huge interest from exhibitors and visitors. "The time is right and the team are very excited about working with exhibitors and the Franchise Council of Australia to make it a professional and relevant event t...

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SA's best in franchising announced at Excellence in Franchising Awards

Mon, 31 Aug 2015 13:03:31 +1000

The Franchise Council of Australia (FCA) recognised franchising's best in South Australia on Friday night at the Seek Commercial FCA SA Excellence in Franchising Awards for 2015. Winners at the event included Zambrero's Chris Scott, who took home the SA Multi-Unit Franchisee of the Year Award, and Suzanne Du Bois and Ian MacKenzi...

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Strong Melbourne show wraps up a busy year: media release

Fri, 28 Aug 2015 15:57:33 +1000

The Melbourne Franchising & Business Opportunities Expo, held 21-23 August, has been hailed the year's third successful show, with crowds of business-ready visitors and a record number of exhibitors. "We are thrilled with the show, and it wraps up another huge year for us," says Exhibition Manager Fiona Stacey. "The...

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Fair Work Ombudsman launches new wages tool

Thu, 27 Aug 2015 09:44:40 +1000

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Excellence in Franchising Awards recognise Victoria and Tasmania's best in franchising

Fri, 21 Aug 2015 10:07:37 +1000

The Franchise Council of Australia (FCA) recognised franchising's best in Victoria and Tasmania on Thursday at the Seek Commercial FCA VIC/TAS Excellence in Franchising Awards for 2015. Held at the Hilton South Wharf in Melbourne and featuring guest presentations from Retail Zoo CEO, Scott Meneilly, and Olympian Steve Moneghetti AM, th...

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Western Australia's best in franchising recognised at Excellence in Franchising Awards

Mon, 17 Aug 2015 12:37:50 +1000

The Franchise Council of Australia (FCA) recognised franchising's best in Western Australia on Friday night at the Seek Commercial FCA WA Excellence in Franchising Awards for 2015, held at the Parmelia Hilton Perth. It was a successful night for Poolwerx, who took home two awards, with Irene and Ian Hughes being named the WA Multi-Un...

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Melbourne Expo offers something for everyone: media release

Fri, 07 Aug 2015 16:23:32 +1000

Many people dream of owning their own business maybe a café, or a shop, or a lawn mowing service. But there are a multitude of business concepts they may never have even heard of unless they attend the Melbourne Franchising & Business Opportunities Expo, to be held 21-23 August at the Melbourne Convention & Exhibition Centre. ...

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FCA partners with HR Central

Mon, 03 Aug 2015 09:52:43 +1000

Press Release HR Central brings a franchise focused, cloud based HR solution to the franchise sector   HR Central proudly announces their partnership with The Franchise Council of Australia (FCA). Under the agreement, the FCA has chosen HR Central as its supplier o...

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NSW and ACT's best in franchising announced at Excellence in Franchising Awards

Mon, 27 Jul 2015 13:58:06 +1000

The Franchise Council of Australia (FCA) recognised franchising's best in New South Wales and the Australian Capital Territory on Friday night at the Seek Commercial FCA NSW/ACT Excellence in Franchising Awards for 2015. Held at The Grace Hotel in Sydney, winners at the event included Jeff and Natalie Bailey of Frontline Recruitment G...

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Queensland's best in franchising recognised at Excellence in Franchising Awards

Mon, 20 Jul 2015 13:42:51 +1000

The Franchise Council of Australia (FCA) honoured franchising's best in Queensland on Friday night at the Seek Commercial FCA Qld/NT Excellence in Franchising Awards for 2015. Held at the Hilton in Brisbane, winners at the event included Colin Webster and Andy Stribling of Boost Juice and Salsas Fresh Mex Grill, who were named Qld/NT M...

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Free seminars to inspire and inform at Brisbane Expo: Media Release

Wed, 15 Jul 2015 16:05:50 +1000

Industry experts agree there is no such thing as too much research when it comes to starting or growing a franchise business. So whether you are taking the first steps, or well on your way on a franchising journey, it's worth attending the free seminars at the Brisbane Franchising & Business Opportunities Expo this weekend. "...

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Get ready Queensland, there's no better time to be your own boss: Media Release

Tue, 07 Jul 2015 08:59:05 +1000

Interest rates are down and business confidence is up there can be no better time to explore the wide range of franchising and other business opportunities available. And there's no better place for Queenslanders to do it than the Brisbane Franchising & Business Opportunities Expo, on this month from 18-19 July. "The Federal ...

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Media Release: FCA working for fair franchising outcomes in unfair contracts legislation

Fri, 03 Jul 2015 11:28:08 +1000

The Franchise Council of Australia (FCA) is continuing its efforts to ensure there are no negative impacts on franchising from the Federal Government's proposed extension of unfair contracts legislation to small business. The FCA recently met with Federal Small Business Minister Bruce Billson and spoke at length about the Association...

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FCA partners with REST Industry Super

Wed, 24 Jun 2015 12:23:38 +1000

Press Release REST Industry Super teams up with the Franchise Council of Australia Multi-award winning superannuation fund REST Industry Super today announced its alliance with the Franchise Council of Australia (FCA), the peak body for the franchise sector in Australia. Under...

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Understanding small business scam and cybercrime risks

Fri, 05 Jun 2015 16:12:30 +1000

Scams and cybercrime such as identity theft impose significant financial, legal and reputational costs on thousands of small businesses each year. The ACCC, together with the Institute of Public Accountants, recently hosted a small business scams and cybercrime forum to help small business operators and stakeholders understand the scam an...

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The journey of selling or closing a small business

Mon, 27 Apr 2015 11:50:06 +1000

Selling or closing your business can be challenging, especially when you have to contact many government agencies. The ATO in conjunction with the Department of Industry and Science, the Australian Securities and Investments Commission and the Fair Work Ombudsman have developed a series of videos to help you understand your regulatory ob...

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2015 MYOB FCA Excellence in Franchising Awards national categories open!

Thu, 16 Apr 2015 16:48:36 +1000

Following the success of the 2014 MYOB FCA Excellence in Franchising Awards, there has never been a better time to enter your system and people into the running for the 2015 edition of these prestigious awards. Success at the awards generates priceless publicity and promotion for individuals and their franchise systems it is direct marke...

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Poolwerx hopes to make a splash in US market with new acquisition

Tue, 14 Apr 2015 14:19:25 +1000

AUSTRALIA'S largest pool and spa care franchise Poolwerx is set to make a splash in the United States.  The Brisbane based company has acquired Cactus Valley Pool Supplies in Phoenix, Arizona which has been in operating for 17 years and currently has 16 stores. Poolwerx founder and CEO John O'Brien said launching into the Am...

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Insights into the Australian franchising sector

Fri, 10 Apr 2015 11:27:41 +1000

Chairman of the Franchise Council of Australia, Warren Wilmot, discusses the state of Australia's franchise sector in the March issue of the British Franchise Association's Newsline publication. In the article, Warren shares his insights into why franchising is successful in Australia, the key growth areas for franchising and the...

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The FCA's submission on the Small Business and Family Enterprise Ombudsman

Thu, 09 Apr 2015 15:00:03 +1000

The Franchise Council of Australia has made a submission on the exposure draft legislation to establish the Australian Small Business and Family Enterprise Ombudsman (the "Ombudsman"). Key points from the FCA's submission on the Ombudsman's advocacy function The FCA supports the proposal for the Ombudsman to represe...

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High profile franchisors on show in Sydney: Media Release

Thu, 02 Apr 2015 08:17:13 +1000

The stars and celebrities of the franchising world were out in force at the Sydney Franchising and Business Opportunities Expo, sharing expertise, knowledge and of course the chance to be a part of their success story. Pippa Hallas from Ella Baché, Sara Pantaleo from La Porchetta, Elaine Jobson from Jetts Fitness, Lee Moore from Poolw...

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Event: Efficient Management of Marketing on Social Platforms

Tue, 24 Mar 2015 09:26:00 +1000

A free Telstra webinar. Date: Tuesday 21 April, 2pm. Time: 2pm Sydney, 60 minutes   Business growth is predicated on reaching the right audience with your message. Social media can provide you a way to connect with your audience, but finding the right platform and program can be difficult. Managing campaigns can become a full...

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Learn from leaders and legends at the Sydney Franchising & Business Opportunities Expo

Fri, 20 Mar 2015 10:20:00 +1000

Press Release "Seriously successful and highly charismatic" is how Exhibition Manager Fiona Stacey describes the businesspeople headlining the seminar series at the Sydney Franchising and Business Opportunities Expo this month. "I'm very excited about the list of successful franchisors speaking in Sydney this year,&...

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FCA partners with MYOB

Thu, 19 Mar 2015 10:09:10 +1000

Press Release MYOB brings leading accounting solutions to Franchise businesses in 2015 Leading accounting software provider, MYOB announces a partnership with The Franchise Council of Australia (FCA), the peak body for the franchise sector in Australia. The agreement underscores MYOB...

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Franchising ideas and inspiration on show in Sydney

Fri, 13 Feb 2015 08:50:00 +1000

Media Release The Sydney Franchising & Business Opportunities Expo will be more vibrant and exciting than ever, with the return of the Malaysian Pavilion, plus a host of new exhibitors. Opening in Sydney 27-29 March 2015 at the Royal Hall of Industries Moore Park, the Sydney Franchising & Business Opportunities Expo is the fir...

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Is gourmet schnitzel the next Big Mac?

Fri, 06 Feb 2015 09:31:37 +1000

My Small Business, The Age By Caroline James The Dyduk family make a good crust from breaded meat. In 2013-14 alone, their company Schnitz sold more than two million schnitzels and reported revenue of $41.7 million. That's 207 per cent growth on the previous year. This financial year the "fast casual" restaurant bra...

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FCA welcomes new Chairman

Mon, 02 Feb 2015 14:38:57 +1000

A letter from the Chairman Following the end of my two-year term serving as FCA Chairman, I am very pleased to announce that the Directors of the FCA have elected Warren Wilmot as Chairman of the Board of Directors. Warren is CEO of 7-Eleven Stores and has a long history in Australian franchising and with the FCA. His experience also...

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New powers for ACCC will strengthen franchising industry

Wed, 21 Jan 2015 10:10:00 +1000

ACCC Media Release Changes to the mandatory Franchising Code of Conduct came into effect on 1 January 2015. The Australian Competition and Consumer Commission has new powers to: issue infringement notices of $8,500 for body corporates ($1,700 for individuals and other entities) and seek penalties of up to $51,000 in court fo...

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These news come from Franchise Council of Australia Articles.

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Thinking of starting a franchise? Here are three characteristics you’ll need to succeed

Sun, 23 Oct 2016 22:14:04 +0000

Recent research from Griffith University’s Asia-Pacific Centre for Franchising Excellence shows there are an estimated 70,700 business format franchised units in Australia. That’s thousands of Australians enjoying a rewarding and fulfilling career in franchising. Although franchising can sound like an attractive proposition with significant financial and lifestyle benefits, it’s not the right fit for everyone. Before […]

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Must-haves that lead to growth in business

Tue, 26 Jul 2016 23:00:46 +0000

Business can be a funny beast. One minute you’re hard at work running your business a certain way and then, seemingly out of the blue, a potential new direction presents itself. A number of incidental circumstances can lead to these turning points. It could be that a customer need sparks the idea for a new […]

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Don’t rely on turnkey solutions and last year’s answers, new business owners warned

Thu, 23 Jun 2016 23:00:04 +0000

The steps prospective startup founders and franchisees must take to hit the ground running, and the common mistakes they should avoid, were revealed to Dynamic Business in a recent Q&A session with Dan Newton, the CEO of Snap Fitness Australia. Since joining Snap Fitness nine months ago, Newton said he has made it his mission to transform the company’s internal processes and […]

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Getting started and keeping on track with a franchise business

Wed, 06 Apr 2016 06:51:35 +0000

Opening a franchise is an appealing option for those who want to own a business, but getting started can be daunting. With a franchise, you’ll receive the support of a franchisor so you won’t have to worry about starting from scratch or jumping over obstacles traditional startups face. Here are eight important tips to ensure […]

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From corporate banking to handyman: A change really is as good as a holiday

Thu, 04 Feb 2016 06:35:45 +0000

We work hard and we strive for promotion; we get promoted and receive financial reward. Do we then pause in content and admire the view before considering our direction? Not likely. Most career-minded individuals will tilt their heads back and start looking up at the next rung of the ladder. After all, we are conditioned […]

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Key tips for growing a franchise business by Anytime Fitness CEO, Arthur McColl

Fri, 11 Dec 2015 01:02:46 +0000

The Australian market has recently seen an untraditional wave of franchise business models, allowing companies to enter the market quickly with low set up costs, and grow rapidly within just a few years. One of the key players here is the ‘low staff’ business model, used widely across the health and fitness industry with the […]

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How one mobile coffee van expanded into an international fleet of over 200

Mon, 19 Oct 2015 02:42:34 +0000

For a new business start-up, the cost and complexity of staff, landlords and rent is all but part of the package. Then comes the question of location: who are your customers, will they come to you and how many competitors are already in the area? But what if your business was mobile – what if […]

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7-Eleven says model not “dependent” on underpayment and will repay staff

Tue, 01 Sep 2015 03:41:10 +0000

After a joint investigation by Fairfax and Four Corners uncovering widespread underpayment of staff by 7-Eleven franchisees, 7-Eleven has said in a statement that it will pursue franchisees to repay money owed to present and former staff. Chief Executive Officer, Warren Wilmot said “the viability of the 7-Eleven system is in no way, never has […]

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PACK & SEND success with the right partnership

Fri, 29 May 2015 06:24:38 +0000

Dimitri and Janet say it hasn’t been a complete walk in the park, but believe they have found the balances needed to drive a successful relationship and business simultaneously.

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Small business owners: The Budget measures you need to remember

Thu, 14 May 2015 02:43:53 +0000

As a small business owner, you need to be clear what this means, where you can save money and what new legislation you are able to take advantage of. Here’s what you should note...

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Cleaning company fined $500,000 for offences

Tue, 24 Mar 2015 03:38:17 +0000

A Melbourne cleaning company has been fined half a million dollars in proceedings by the ACCC.

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The 5 legal issues to watch out for when investing in a franchise

Mon, 09 Feb 2015 03:14:41 +0000

Choosing a franchise over owning an independent business should provide you with constant back up and support. However, this doesn’t mean that you need to wash your hands of the legal and financial implications.

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6 things to know before buying a franchise in 2015

Wed, 14 Jan 2015 01:57:41 +0000

Buying a franchise is often a daunting decision, from both a monetary and lifestyle perspective. Here are six pearls of wisdom to consider when scoping out potential franchises.

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How to start an SME in the home improvement industry

Thu, 04 Dec 2014 05:59:31 +0000

The home improvement industry is one arena in which a skilful and tenacious Australian entrepreneur may be interested in starting a vibrant SME.

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What should a franchisee expect from a franchisor?

Fri, 21 Nov 2014 02:51:40 +0000

There will be expectations that are unique to each industry, however, when buying into an existing franchise franchisees can expect to receive expert assistance from franchisors in a range of areas relevant to their business.

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Government releases updated Franchising Code of Conduct

Thu, 13 Nov 2014 04:28:45 +0000

The Abbott Government has released an updated Franchising Code of Conduct, which Small Business Minister Bruce Billson says will save the sector an estimated $8.6 million per year.

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Pizza chain taps the online marketing power of customers to boost profits

Mon, 03 Nov 2014 02:03:44 +0000

For those who have long desired to make their own pizza toppings, there is a new mobile application allowing customers to design and market new pizzas while keeping a slice of the profits.

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The top five qualities a franchisor looks for in a franchisee

Thu, 16 Oct 2014 02:15:21 +0000

Franchisors work hard to develop their business model into a format that can be easily replicated. To build an exceptional franchise brand, franchisors are looking for exceptional people to join their team.

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Seven key questions to ask before buying a franchise

Mon, 29 Sep 2014 03:05:33 +0000

With the franchise industry contributing an estimated $131 billion to the Australian economy, it is fast becoming a mature sector with many small to medium scale businesses utilising a franchise model as one of their key strategies for growth.

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New Franchise Code: ACCC given more power to penalise

Mon, 15 Sep 2014 02:59:57 +0000

The Australian Competition and Consumer Commission (ACCC) now has further power to penalise business after the Coalition Government passed a new Franchising Code of Conduct.

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These news come from Franchising – Dynamic Business.

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Franchising Law & Lawyers Links

Franchising Code


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The Franchise Council of Australia supports the reform of Australia's state based consumer protection laws, and the introduction of a national scheme.


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Franchising


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EXPLANATORY MEMORANDUM


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the Franchising Bill 2010'


of Conduct (Franchising Code) is a mandatory code under the Competition and Consumer Act 2010. (Competition and Consumer Act).


34. What happens if a party does not comply with the Franchising ..


A party that breaches the Franchising Code or the Competition and Consumer Act can be sued by a private party that has suffered loss as a result of the breach.


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This submission concentrates upon the legal position of the franchisor and .. The position is summarised in the authoritative Australian text Franchising Law ..


Complying with the Franchising Code of Conduct


All franchise businesses are required by law to comply with the Franchising Code of Conduct (Franchising Code), a mandatory industry code under the ..


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Submission - Inquiry into franchising and code of conduct


ACT. 2600. Dear Sir/Madam,. Re: Inquiry into Franchising Code of Conduct. The Retail Traders' Association of Western Australia (RTAWA) is the oldest and is ..


Solomon Bampton


respect to proposed SA State-based franchising laws. It is my understanding that your committee is now deciding as to whether the 1 July 2010 ..


Submission: Inquiry into franchising and code of conduct


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Petroleum Retail Marketing Franchise Act 1980


PETROLEUM RETAIL MARKETING FRANCHISE ACT 1980 No. 139 of 1980 An Act relating to franchise agreements concerning the retail marketing of motor ..


263_Franchisee startup checklist_FA.indd


should obtain before you enter into a franchise agreement. There are some minimum requirements under law for a franchisor to provide specific information to ..


Franchising Consultative Committee (FCC)


comment on issues affecting the franchising sector that fall within the scope of the Competition and Consumer Act 2010; provide advice, information and ..


Cycling and the Law - South Australia Central


a legal document and should be read in conjunction with the driver's handbook. cycling offers a range of personal benefits such as improved health and fitness, ..


Strengthening statutory unconscionable conduct and the ..


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~ _g 5 GPO Box 1785, Brisbane Qld 4001


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~Frequen~flJer


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1. Franchising Council of Australia Legal. Symposium. ACCC report card on franchising issues. John Martin, Commissioner. 11 October 2007, Melbourne. 1.


Submission: Inquiry into franchising and code of conduct


i have watched the progression of legislation governing franchising law in Austraiia from the voluntary Franchising Code of Practice (Voluntary Code), to the ..


Submission: Inquiry into franchising and code of conduct


It is the ARA's view that the law concerning franchising is adequate but it does have weaknesses surrounding it and perhaps this should be the focus of the ..


Disclosure under the Franchising Code of Conduct


The Franchising Code of Conduct is a mandatory code and has the force of law under the Competition and Consumer. Act 2010 (the Act). It regulates the ..


Democracy Rules


Remind students that Australia was six independent colonies at this time with separate laws and policies, including franchise laws. 1893. The right to vote in ..


Submission: Inquiry into franchising and code of conduct


The nature of the franchising industry, including the rights of both. Whether an obligation for franchisors, franchisees and prospective franchisees to act in ..


FRANCHISING CODE OF CONDUCT COMPLIANCE MANUAL


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c:%h- Tr - Parliament of Western Australia


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Page | 1 Dr Jenny Buchan Senior Lecturer School of Taxation and ..


trained franchise mediator and an academic researching and teaching franchising law since. 2002. My research includes franchisor insolvency, ..


Trade Practices (Industry Codes — Franchising) Regulations 1998


Franchising) Regulations 1998. Statutory Rules 1998 No. 162 as amended made under the. Trade Practices Act 1974. This compilation was ..


Trade Practices (Industry Codes - Franchising) Amendment ..


Nothing in this code limits any obligation imposed by the common law, applicable in a State or Territory, on the parties to a franchise agreement ..


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the franchise, affording a large degree of discretion to the Parliament to make laws providing for the qualification of electors. 4.3 Parliament's discretion to restrict ..


Submission - Inquiry into franchising and code of conduct


Franchising Code of Conduct. The Law Institute of Victoria (LIV) represents approximately 15000 professional members, with many specialist practitioners in ..


Service Tasmania Online: Law and public safety > Business law


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Submission: Inquiry into franchising and code of conduct


ACT 2600. Mr Chairman,. On behalf of Sands Fridge Lines we are writing to express our support for changes to the laws covering franchising agreements in ..


History of the Indigenous Vote


Commonwealth Franchise Act 1902, specifically excluded. 'any aboriginal native of Australia, Asia, Africa, or the islands of the Pacific, except New Zealand' from ..


DESTRUCTION AND APPOPRIATION OF GOODWILL:


Rich Text Format - Petroleum Retail Marketing Franchise Act 1980 (Cth) .. Whilst existing Australian tenancy and franchise law responds to the problems ..


Trade Practices (Industry Codes--Franchising) Regulations 1998


SR 1998 No. 162. Notation: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003. Administered by: Treasury ..


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NADRAC notes that the survey found that more franchisees and franchisors resolved their problems through discussion and mediation as opposed to legal or ..


Guidance Statement GS 018 Franchising Code of Conduct ..


GUIDANCE STATEMENT the Corporations Act 2001, or a foreign equivalent of that. Act applicable to the franchisor, prepared by the franchisor.


27 April 2011 We refer to your letter to Mr William Keane dated 7 ..


franchisees could commence private proceedings alleging unconscionable conduct, misleading or deceptive conduct and failure to act in good ..


Australian Rights Timeline


The new federal Parliament passes the Immigration Restriction Act and the Pacific .. Commonwealth Franchise Act extends the vote to women.


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Inquiry into the Franchising Bill 2010 - Committee Details


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ECONOMICS AND INDUSTRY STANDING COMMITTEE


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Franchising Code complaints, investigations and outcomes


The ACCC's investigation process for franchising matters. If the complaint involves a potential breach of the code and/or the Act, a three-stage investigation ..


DRAFT REGULATORY IMPACT STATEMENT


Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Franchising Code ..


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franchising participants to act in good faith towards one another in all aspects of the franchising .. Practices Act to deal with unfair contract terms in franchise ..


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As of July 2011, 37 of the 150 members of the House of Representatives are women, and of the 76 senators, 30 are women. The Commonwealth Franchise Act ..


Report: Inquiry into franchising and code of .. - Parliament of Australia


whether an obligation for franchisors, franchisees and prospective franchisees to act in good faith should be explicitly incorporated into the. Code (having regard ..


Submission: Inquiry into franchising and code of conduct


U:\Legal\Franchising\Federal Franchising Inquiry\Memo.Franchising.20080229_Final.doc. MEMORANDUM. DATE: 12 September 2008. TO: Secretary ..


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The Library holds many significant government publications, including the 1902 Commonwealth Franchise Act that granted women the right to vote and stand for ..


Submission: Inquiry into franchising and code of conduct


act in a completely non-competitive way for their own self-interest, and franchisees can do nothing. And the ACCC refuses to act to protect us from this kind of ..


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Application and key parts of the Franchising Code · Amendments to the Franchising .. 51AE of the Competition and Consumer Act 2010 (the Act) is to administer ..


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The National Franchise Program offers participating franchisors: a tailored plan to support their business' compliance with workplace laws ..


Buying a Franchise - Small Business Development Corporation


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Petroleum Retail Legislation Repeal Act 2006


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Submission: Inquiry into franchising and code of conduct


Provisions of the Trade Practices Act pertinent to conduct in the franchising industry . .. franchisees to act in good faith should be explicitly incorporated into the ..


Consumer Policy


Results 1 - 8 of 8 – Competition and consumer laws are enforced by three national regulators. .. unconscionable conduct and the Franchising Code of Conduct ..


Thank you for the invitation to be with you at the 2010 Small ..


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Submission: Inquiry into franchising and code of conduct


legal advice on the application of and compliance with the Franchising Code of .. franchisees and prospective franchisees to act in good faith should be ..


Submission from Franchise Council of Australia - Treasury


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Submission by the Franchise Council of Australia in response to ..


Rich Text Format - The FCA has consistently opposed any new laws, such as the recent WA Franchising Bill 2010, which change the balance between the ..


Submission: Inquiry into franchising and code of conduct


affect them because they are not in franchising. In my experience franchise companies are the most professional and compliant in terms of the laws disclosure of ..


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comment on issues affecting the franchising sector that fall within the scope of the Competition and Consumer Act 2010; provide advice, information and ..


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Submission: Inquiry into franchising and code of conduct


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Report: Inquiry into franchising and code of conduct


mandatory industry code enforceable under section 51AD of the Trade Practices Act. 1974 (TPA). In addition to the Code, franchisees and ..


29. Does the Competition and Consumer Act apply to franchises?


The Competition and Consumer Act applies to all incorporated franchises with limited exceptions. If you are unsure whether the Act applies to you, you should ..


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2 faire approach and the common law principle of freedom of contract. However, franchising regulation then went through several stages to arrive at the current ..


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Submission: Inquiry into franchising and code of conduct


The franchisee dilemma is part of a larger problem. To hold an inquiry into the franchising code of conduct is a courageous act, given that governments have not ..



Submission: Inquiry into franchising and code of conduct


The franchisee dilemma is part of a larger problem. To hold an inquiry into the franchising code of conduct is a courageous act, given that governments have not ..


Report: Inquiry into franchising and code of conduct


Trade Practices Act 1974 as it applies to the franchising sector. Its role is to ensure compliance with the Franchising Code of Conduct (the Code) and the TPA ..


Submission: Inquiry into franchising and code of conduct


We offer no response to this term of reference, other than to recommend consultation with the. Franchising Legal Committee of the Queensland Law Society and ..


3 Franchising Franchising


intention to enact a franchise law for the petroleum retailing sector and .. that the Government should consider a more general franchise law instead. The ..


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the Commonwealth use its taxing powers to collect revenues formerly levied under State franchise laws which the High Court had held either to ..


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Small business SMEs Business structures Ownership Proprietary rights Sole traders Partnerships Joint ventures Franchises Leases Legislation Law Legal ..


Legislation and Regulation


The Franchising Bill 2010 adopts the National Franchising Code of Conduct as a law of Western Australia and requires franchising parties to act in good faith in ..


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accepted implied duty of parties to a franchise agreement to act in good faith '. .. franchise laws of Alberta, New Brunswick, Ontario, and Prince ..


SUBMISSION


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A: This clause provides that nothing in the Code limits any obligation imposed by the common law on the parties to a franchise agreement to act ..


Submission: Inquiry into franchising and code of conduct


franchisees. ~ Whether an obligation for franchisors, franchisees and prospective franchisees to act in good faith should be explicitly incorporated into the code ..


Submission: Inquiry into franchising and code of conduct


Canberra ACT 2800. Australia. Dear Member of the Committee,. Re: Inquiry into the operation of the Franchising Code of Conduct. We are writing in response to ..


ACCC franchising small business stats 1 Jan - 30 June 2011


amount to a breach of the Franchising Code (the Code) or the Competition and Consumer. Act (the Act), or may not be supported by sufficient ..


Advice for franchisors - Franchise assistance - About us - Fair Work ..


Franchisees that employ staff need to know their rights and responsibilities under the national workplace relations laws. They also need to ..


Extract from Hansard [ASSEMBLY - Thursday, 9 September 2010 ..


Labor went to the 2007 election promising to introduce a good faith requirement into the franchising law. It failed to act despite the bipartisan ..


24th January 2011 The Chairman Economic and Industry Standing ..


legal resources when it comes to negotiating with a franchisor over terms .. Consumer Act 2010 ("CCA") and the Franchising Code of Conduct ..


Submission: Inquiry into franchising and code of conduct


The true measure of a law is its success in changing behaviour so that scalps are not necessary. No reputable franchisor. (or shopping centre owner) wants to ..


REPORT OF THE 2ND REVIEW OF THE FRANCHISING CODE OF ..


The mandatory Franchising Code of Conduct was introduced under the. Commonwealth's Trade Practices Act 1974 in 1998 by the Australian Government.


AGS 1040 "Franchising Code of Conduct – Auditor's Reports


years that have been prepared by the franchisor in accordance with sections 295 to 297 of the Corporations Law3. 20.3 Item 20.2 does not apply if : (a) ..


EXPLANATORY MEMORANDUM


- The Franchise Act sets out minimum terms and conditions, including duration, renewals and associated disclosure requirements for franchise agreements in the ..


Submission: Inquiry into the statutory definition of Unconscionable ..


In its submission to the Corporations Committee inquiry into franchising, the Law Council of. Australia stated that the incorporation of a broad definition of ..


6 Legislative protection Legislative protection against unfair conduct


6.12 The Gardini Report on franchising agreed that Section 51AA of the Trade. Practices Act is of little practical benefit. It said: .. the inability of a franchisee to ..


The Right to Vote — Exploring Democracy


However, the Commonwealth Franchise Act effectively excludes Indigenous Australian women (and men) until 1962, when the Menzies Liberal-Country Party ..


ACCC and AER - Annual Report 2009-10


With the passage of the Australian Consumer Law (ACL), consumers will have the .. and whether there are any requirements to pay a franchisor's legal costs.


18. What if the franchisor becomes insolvent (fails)?


A franchisee who believes that the administrator is not continuing to meet the franchisor's obligations should obtain legal advice before stopping payments.


Internet Resource Guide: Australian Law Resources


Describes Internet resources relating to Australian Law. .. Commonwealth Franchise Act 1902, Judiciary Act 1903; Seat of Government Acceptance Act 1909; ..


Internet Resource Guide: Electoral Law


The Commonwealth Franchise Act 1902 was passed which set the minimum requirements of individuals wishing to vote at a federal election, namely, over 21 ..


The evolution the Commonwealth franchise-Tales of Inclusion and ..


This paper describes aspects of the Commonwealth franchise over the century that has elapsed since the enactment of the Commonwealth Franchise Act 1902, ..


Submission - Inquiry into franchising and code of conduct


I have been interested in stnciying law, and was trained in some law with the Victoria Police force. I made enquiries with a franchise called _. In my discussions ..


Submission: Inquiry into franchising and code of conduct


The Trade Practices Act itself applies to these transactions so there are the broader concepts of the Act and more specific, to franchising, requirements of ..


264_Franchising code of conduct overview_FA.indd


Overview of the Franchising Code of Conduct. The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the ..


Good faith in franchising - Parliament of Australia


8.14 The Law Society of Western Australia stated that, as a franchise agreement contains an implied duty of cooperation and good faith is ..


Submission: Inquiry into the statutory definition of Unconscionable ..


Practices Act and the Franchising Code to protect the rights of its members or to simply redress the unilateral and unfair decisions of a large organisation.


31. Can a franchisor force a franchisee to purchase goods or ..


A franchisor who tries to do this may be breaching the provisions of the Competition and Consumer Act that prohibit anti-competitive exclusive dealing. Exclusive ..


Complying with the Franchising Code of Conduct


As a franchisor, you are required by law to comply with the Franchising Code of Conduct (Franchising Code), a mandatory industry code under the Competition ..


Franchising and tax - tax facts for new small businesses


An agreement to purchase a franchise often includes ongoing .. Non-commercial losses tax laws may apply, which may defer the loss to a ..


Lawyers Porto - Australian Embassy


Areas of Practice: Agency law, Civil law, company law, Contract law, debt collection, Family law, Franchise Law, International Law, Labour Law, Leasing Law, ..


Submission: Inquiry into franchising and code of conduct


PO Box 6100 Parliament House. Canbena ACT 2600. Mr Chairman,. RE:- Federal Franchise Inquiry. I submit this as a private individual, not as an employee of ..


Office of the Tasmanian Energy Regulator - Gas Legislation ..


This Act regulates the distribution and retailing of gas in Tasmania. It includes provisions .. Gas (Exclusive Distribution Franchise) Order 2003 ..


Report: Inquiry into franchising and code of conduct


advised the committee: To educate franchisors and franchisees about their rights and obligations under the code and the Act, the ACCC has published a number ..


Business Franchise Fees (Safety Net) Act 1997


PART 2—BUSINESS FRANCHISE (PETROLEUM PRODUCTS). ACT 1979. 3. 3. Definitions .. PART 3—BUSINESS FRANCHISE (TOBACCO) ACT 1974. 14. 8.


Trade Practices (Industry Codes - Franchising) Amendment ..


(a) to which another mandatory industry code, prescribed under section 51AE of the Act, applies; or. (b) if: (i) the franchise agreement is for ..


Teaching civics and citizenship in Stage 5 History


- franchises. (Macquarie Essential Dictionary p140, The Macquarie Library 1999). b) "The term citizenship has both legal and social meanings. In a legal sense it ..


Franchising and Unconscionable Conduct reform - Department of ..


Practices Act, including additional powers to enforce the Franchising Code and .. common law requirement of good faith in relation to a franchise agreement ..


Refund Home Loans and Wayne Ormond admit false and ..


"Using the name of the ACCC or individual ACCC officers as a means of discouraging franchisees from exploring their own legal rights is ..


Supplementary remarks – Daryl Melham MP


on 27 November 2008, http://www.foundingdocs.gov.au/resources/transcripts/cth5i_doc_1902.pdf. 5 Section 3, Commonwealth Franchise Act 1902.


Small Business Development Corporation - Home page


Small Biz Workshops · Our Services · Changes to the Retail Trading Hours Act .. Money, Tax and Legal · Money Matters .. Buying a Franchise · Advantages and ..


ACCC small business


Revised Franchising. Code of Conduct. Advertising and selling. Primary producers — protecting their interests. Benefits for small operators. Merger laws give ..


Indigenous people and the vote - Australian Electoral Commission


The 1902 Franchise Act gave women a Commonwealth vote but Aborigines and other 'coloured' people were excluded unless entitled under ..


A Short History of Federal Election Reform in Australia - Australian ..


The Commonwealth Parliament enacted the Commonwealth Franchise Act 1902 and the Commonwealth Electoral Act 1902, which taken ..


Franchising : law and practice / Giles, Redfern, Terry | National ..


Available in the National Library of Australia collection. Author: Giles, Stephen, 1958-; Format: Book; 1 v. (loose-leaf); 26cm.


8. Fair Trading Coalition - The Trade Practices Act Review


Rich Text Format - Briefly, the Franchise Act provides oil major franchisees certain rights and protections in their dealings with their franchisor and also provides ..


DESTRUCTION AND APPROPRIATION OF GOODWILL: THE ..


Petroleum Retail Marketing Franchise Act 1980 (Cth) .. Whilst existing Australian tenancy and franchise law responds to the problems ..


Motor Trades Association of Australia


Franchise Act (Cth) 1980 and Petroleum Retail Marketing Sites Act (Cth) 1980) which it was claimed it could properly, necessarily and sufficiently secure.


Ray White provides undertaking after complaint of breach of ..


He added that: "Franchisees such as Mr Edwards are entitled to the protection of the law and the ACCC will act to ensure that small businesses ..


GREATER CERTAINTY AND BETTER PROTECTION FOR ..


Franchisees will have more protection and greater certainty in their .. or whether there are any requirements to pay a franchisor's legal costs." ..


Submission: Inquiry into franchising and code of conduct


Government seriously considered regulating the Sector, for example, by either: 1. Drawing up an Australian Franchising Act;. 2. Transferring the regulatory and ..


Industry codes of conduct


Which industry codes of conduct are currently prescribed under the Competition and Consumer Act? Franchising Code. A mandatory code that regulates ..


Upon the matter of regulating the suffrage depends the destruction ..


14. Legislative Council Franchise Changes........................ 16. Voting Rights for 18 Year Olds .............................. 18. Legal and Other ..


Competition and consumer law


purchasing a business or franchise is a good investment. • automatically get involved to resolve your business dispute, even if you think the Act's rules have ..


State Revenue Office Victoria - History of State Taxation (About Us)


Business Franchise (Tobacco) Act 1974 (Vic). 1979. Business franchise fees are extended to the sale of petroleum. Business Franchise ..


Small business publications


20+ items – Overview of the Trade Practices Act · Expand or contract this ..








Honest advertising and selling practices benefit small businesses and ..

 


The Australian Consumer Law (ACL) commenced on 1 January 2011. Under ..

 



Expression of interest form - Franchise assistance - About us - Fair ..


Please note that places in the 2012 National Franchise Program intake .. general in nature and may not deal with all aspects of the law that are ..


Issues Paper - Unconscionable Conduct - Submission from Retail ..


The consequential lack of case law on this subject has hindered the true interpretation and application of 'unconscionable conduct' within the franchise industry.


Parliament of Australia:Senate:Committees:Joint Select Committee ..


The Committee recommends that the Petroleum Retail Marketing Sites Act and the Petroleum Retail Marketing Franchise Act remain in force until new generic ..


The franchisee manual (NEW)


The Franchising Code of Conduct has the force of law and requires franchisors to disclose specific information about a franchise to both ..


Submission 006 - Ms Elizabeth Crawford Spencer


The Australian Consumer Law: Consultation on draft unfair contract terms. Competition and .. proposed law to franchising relationships.


35. When will the ACCC take action against a franchisor?


When will the ACCC take action against a franchisor? The ACCC is responsible for administering the Competition and Consumer Act and will take enforcement ..


Foreign States Immunities Regulations


In force under the Foreign States Immunities Act 1985 - Updated as at .. 2 Item Law 1 Business Franchise Licences (Petroleum Products) Act, ..


The Parliament of the Commonwealth of Australia and Indigenous ..


Thus, laws dealing with, for example, the Commonwealth franchise or the .. The voting rights were based on existing franchise laws in each of ..


Our Ref: MB:00046 Australian Consumer Law: Consultation on draft ..


The Code emphasises the need for legal and financial advice being obtained by a franchisee and requires a franchisor to obtain certificates ..


AAO 1912_4_Apr


Commonwealth Franchise Act 1902,. Constitution Alteration (Senate Elm,-. tionsl 1906. Disputed Elections ancl' Qualifications. Act 1907. Electoral Divisions Act ..


Frequently asked questions - ACCC


..

doesn't apply? 3. Does the Franchising Code apply to overseas franchisors? .. CCA issues. 29. Does the Competition and Consumer Act apply to franchises?


Senate Economics Committee inquiry into unconscionable conduct ..


for the purposes of Part IVA of the Trade Practices Act 1974 and the scope .. Services has just inquired into the Franchising Code of Conduct. Pending the ..


The Secretary Criminal Law Branch Attorney-General's Department ..


compliance functions. Accordingly, the AML/CTF Act should clearly recognise business relationships such as franchise, agency and alliance arrangements and ..


Report: Inquiry into franchising and code of conduct


time to bring a better balance back to the world of franchising.24. 7.38 There was support for this contention from the Law Institute of Victoria: We are aware of ..


Carry On the Fight' Women in the Australian Senate*


The Commonwealth Franchise Act 1902 stated that "all persons not under twenty-one years of age whether male or female married or unmarried' would be ..


Australian Securities & Investments Commission Act ("ASICAct") i


noted franchises are exempt from the fundraising provisions of the Corporations. Law. If there was strict adherence with Regulation 1.02, the scheme ..


Submission: Inquiry into franchising and code of conduct


The Committee sought to focus on those areas of the law that regulate the: 1. disclosure of information to potential franchisees;. 2. dispute resolution processes; ..


Submission: Inquiry into Access to Justice


franchisor, and who cannot afford to pay for a legal remedy. This submission also .. the ability of franchisees, current and former, to access legal representation; ..


Media Release 2002: Australia celebrates the 100th anniversary of ..


Prior to the Commonwealth Franchise Act 1902 and the Commonwealth Electoral Act 1902, which both became law in June 1902, the first ..


Administering the Franchising Code of Conduct


- Enforcement of the Franchising Code is just one means of gaining compliance with the Act. What the ACCC prefers to see is franchisors ..


Market entry strategies - Austrade - Australian Trade Commission ..


Franchising

enables rapid market expansion using the intellectual property of .. How to address legal issues or conflicts with partners; Have you got a plan for a ..


Submission: Inquiry into franchising and code of conduct


Department of the Senate. PO Box 6100. Parliament House, Canberra ACT 2600. Australia. Re: Commonwealth Parliament Inquiry into the Franchising Code of ..


Report: Inquiry into franchising and code of conduct


158 Australian Marine Industries Federation Limited. 159 Law Institute of Victoria. Supplementary submissions. 1. Mr Robert Gardini. 2. Franchise Council of ..


An overview of the Oilcode for fuel resellers


Sites Act 1980. • repeal of the Petroleum Retail Marketing. Franchise Act 1980. • prescription of the mandatory Oilcode under s. 51AE of the Trade Practices ..


Franchising Code of Conduct amendments


the Franchising Code of Conduct and the. Trade Practices Act 1974 by informing franchisors and franchisees of their rights and obligations under the code and ..


Submission: Inquiry into franchising and code of conduct


mandatory Franchising Code of Conduct came into statutory law is found in the Explanatory Statement to the Trade Practices (industry Codes -. Franchising) ..


How is the Competition and Consumer Act enforced?


Application and key parts of the Franchising Code · Amendments to the .. litigation under the consumer protection provisions in the Australian Consumer Law is ..


Western Australian Electoral Commission - Information Statement


Electoral Act 1907. An Act to regulate Parliamentary elections. This Act now includes electoral distribution legislation. Franchise Act 1916 ..


Franchise scams : Department of Justice and Attorney-General


Before you enter into or commit to a franchise agreement, you should: seek independent legal and financial advice to identify the risks ..


Oilcode


repeal of the Petroleum Retail Marketing Sites Act 1980; repeal of the Petroleum Retail Marketing Franchise Act 1980; prescription of the ..


Guide to unconscionable conduct


The Franchising Code of Conduct is a declared industry code under the. Trade Practices Act, and as such has the force of law. It applies to all franchise ..


Submission: Inquiry into franchising and code of conduct


Parliament House. CANBERRA ACT 2600. Dear Secretary,. Inquiry into the Franchising Code of Conduct. The Post Office Agents Association Limited (POAAL) ..


National Museum of Australia - Edmund Barton


The Commonwealth Franchise Act 1902 established uniform federal franchise. This gave the vote to adult British subjects resident in Australia for at least six ..


BETTER PROTECTION FOR FRANCHISEES - Archive - Department ..


"The reforms will put franchisees in a better position to understand the .. of legal costs, confidentiality agreements and the sale of the business.


Electricity Metering Code Aug 03


An Electricity Distributor must provide metering data services for Franchise. Customer Loads that comply with the requirements of the ACT Metrology. Procedure ..


Submission - Inquiry into franchising and code of conduct


both law and franchising, there is little that I can offer in the way of answers. .. indeed the Act, regardless of the "mischief", the franchisee has a ..


Exclusive dealing and third line forcing (s47)


Application and key parts of the Franchising Code · Amendments to the .. a full line forcing arrangement to contravene the Competition and Consumer Act 2010 ..


Small Business Development Corporation - Home page


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Franchising your business - Small Business Solutions


The same selection criteria you apply to find a franchise consultant should also be used to find a suitable franchise lawyer. Franchising has its own set of specific ..


Legal Matters


Every business will need to deal with legal matters and engage a solicitor at some point in the life of their business. Managing legal matters can be the most ..


Hiring a Lawyer


While many business owners assume that lawyers are only necessary in times of dispute. .. Buying a Franchise .. best legal advice and representation to resolve your legal issue it's crucial that you engage the right lawyer, which is one who: ..


Legal and taxation aspects of your small business 3rd Edition ..


..

Partnerships Joint ventures Franchises Leases Legislation Law Legal advice Legal documents Lawyers Regulation Licences Registration Australian business ..


Franchising Your Business - Small Business Development ..


In its simplest form, franchising is a business method based on the use of another person's business philosophy. .. Australian Consumer Law · Trade Measurement .. including your accountant, solicitor, banker and franchise consultant.


Submission: Inquiry into franchising and code of conduct


franchising . I write this submission based on my personal experiences as a lawyer in New. Zealand who acted for franchisors and franchisees, a former ..


What are the advantages and disadvantages of buying a franchise


Buying and operating a franchise is different to starting your own business and the .. Australian Consumer Law · Trade Measurement .. You should seek professional advice from your accountant and lawyer before committing to the franchise.


Submission: Inquiry into franchising and code of conduct


in the Code of Conduct that precludes lawyers from acting for any party to a franchise related dispute that falls below a specified dollar amount. 2. I further submit ..


Submission: Inquiry into franchising and code of conduct


i have watched the progression of legislation governing franchising law in .. Partner in the Automotive industry Group at HWL Ebsworth Lawyers I provide daily ..


Problems surrounding resolution of franchise disputes in Australia


Rich Text Format - My perspective is based on my experience as a commercial lawyer advising small businesses, retail landlords, franchisees and franchisors for ..


Report: Inquiry into franchising and code of conduct


SPEED, Mr Peter Stuart, Solicitor, Speed and Stracey Lawyers, acting on behalf of Shopping .. DLA Phillips Fox. CONAGHAN, Mr Anthony James, Partner, Co-chair Franchise Group .. BRYDEN, Mr Nick, Chief Legal Officer. Australia Post ..


Franchising Code - short cut link has changed


Merger guidelines 2008 - public release · Overview of mergers law · Informal merger review .. You can use this link to access the Franchising Code page.


Submission: Inquiry into franchising and code of conduct


Founding editor of Franchising Law and Policy Review. • Member of ... Professional Qualifications: Barrister & Solicitor (NZ), Solicitor (NSW). Consultancy: ..


Power of attorney and advance directives - Government of South ..


Find out more about power of attorney from the Legal Services Commission of South Australia. Buy a kit .. Law Handbook - Legal Services Commission of SA ..


Internet Resource Guide: Australian Law Resources


Describes Internet resources relating to Australian Law. .. Commonwealth Franchise Act 1902, Judiciary Act 1903; Seat of Government Acceptance Act 1909; .. Model Laws published by the Standing Committee of Attorneys General (SCAG) ..


Scott Ellis


Experienced, practical dispute resolution lawyer, operating in the commercial and employee .. commercial disputes, including franchises and business disputes; ..


Business Contracts


Australian Consumer Law · Trade Measurement · Red Tape .. Buying a Franchise .. Unless you're a lawyer nobody expects you to write your own contracts.


Handling customer complaints : Department of Justice and Attorney..


Unfair contract terms law · Handling complaints · Product safety .. contact the Department of Justice and Attorney-General's Dispute Resolution ..


Debt recovery


Buying a Franchise .. Either you or your lawyer can draft a letter of demand. The Arts Law Centre of Australia has a sample letter of demand that you can modify ..


Sole Trader


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Blank A4 - Legal Profession Admission Board


- An applicant trained as a lawyer in Australia must have acquired a tertiary qualification in law that is recognised for the purposes of admission to the legal ..


Buying a Franchise


In its simplest form, franchising is a business method based on the use of another person's .. Australian Consumer Law · Trade Measurement .. Business Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register ..


Money, Tax & Legal


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. to have processes in place for resolving legal disputes and hiring a lawyer, should you ..


Submission: Inquiry into franchising and code of conduct


Labor MP for Blair and experienced lawyer, highlights (Hansard, I September, p.l 12): a lot of franchisees go into franchising having been in the military, having ..


Submission: Inquiry into franchising and code of conduct


REFORM OF THE CODE OF CONDUCT Et FRANCHISING LAW. APPENDIX .. This is a submission from Rodney Hackett, lawyer, and a past franchisee of two ..


Submission: Inquiry into the statutory definition of Unconscionable ..


to the current inquiry into the Franchise Code of Conduct. I will be .. and unreasonable where the most common response from lawyers approached .. Those who oppose clearly defined laws and in this case; the definition of ..


Submission: Inquiry into franchising and code of conduct


2000 in the American Bar Association's The Franchise Lawyer, for example,. Wisconsin regulators James Conohan and Patricia Struck are quoted as noting ..


Inquiry into the Franchising Bill 2010 - Committee Details


04/11/2011, 11:15 AM, Queensland Law Society Please note that this hearing .. (Solicitor, Franchising, Norton Rose), MR MICHAEL STRINGER (Co-director, ..


Train - Franchise Agreement volume 2 of 2


Each attorney executing this Agreement states that he or she has no notice of .. whatsoever to a Franchise Employee, whether arising by virtue of any statute ..


What are the advantages and disadvantages of buying a franchise


Before deciding to buy a franchise there are plenty of advantages and disadvantages to consider. .. Australian Consumer Law · Trade Measurement · Red Tape ..


Judges' Speeches


the mystery lawyer, Alan Robertson SC, courteously apologised to the .. and State Government inquiries in relation to franchise law reform.


Submission from Franchise Council of Australia - Treasury


The Franchise Council of Australia (FCA) is the peak industry body for the .. those lawyers and firms who participated in the Legal Committee forum. 1.4 .. that the law is well understood and indeed operates as a highly effective deterrent. It ..


Submission by the Franchise Council of Australia in response to ..


Rich Text Format - The franchise sector is almost exclusively comprised of small .. which are defined as being matters where a party instructs a lawyer, .. changes to the substantive law and will create additional uncertainty, duplication and cost.


Employee or Subcontractor


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Leasing a commercial premises


Australian Consumer Law · Trade Measurement .. companies or their subsidiaries; and; petrol stations operated under a particular type of franchise agreement.


Employing People


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Voters and Franchise: the Federal Story


These words are ambiguous, and have been debated from the time of the first Parliamentary debates on franchise laws and through argument ..


TO BE INSERTED


- In 1987 the Solicitors Statutory Committee was asked to consider whether six ... of unsatisfactory professional conduct for failing to comply with the Law Society of ... practice, becomes an officer of the court, exercising a privilege or franchise.


improving conduct in Australian franchising - Parliament of Australia


Your everyday solicitor/lawyer is not necessarily up to speed on the franchising laws, problems and pitfalls..[38]. 4.46 Some former franchisees who made ..


Assessing franchise opportunities | Business and industry ..


Answering the following questions with your accountant, lawyer or business adviser will help guide your decision of whether to buy a franchise.


Type document title here (limit 2 lines)


NSW Department of Justice and Attorney General ... admitted as a solicitor in NSW is against the law and may result in legal action .. (c) franchise agreements; ..


YO;;;:rrteufRA


CFAL is Australia's largest independent franchise business based on Perth, Western ... clarify the law and reduce the need for lawyers.


Setting up a franchise system


You are here: Home > Small Business > Legal Help Guide > Legal Topics > Business .. To set up a franchise system you must undertake the following steps: .. Get your lawyer to draft up a franchise agreement and provide advice in relation to ..


BPSG Study - Results Paper Final


"We found a lawyer with knowledge of franchise law in Melbourne. We're happy with what they're doing." Advertising was the single biggest ..


BUSINESS INFORMATION - Law Handbook


The law seeks to protect consumers by requiring that certain services only .. Anyone practising and charging a fee as a lawyer, doctor, architect or ... When buying a franchise the purchaser (franchisee) pays for all the normal ..


Tax Registrations


Australian Consumer Law · Trade Measurement .. Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise .. invoice other businesses are required by law to withhold tax at the highest income tax rate ..


Franchising to the Czech Republic - For Australian exporters ..


There are no specific franchise laws in the Czech Republic. .. A list of lawyers and advisers can be found on Czech Franchise Association's ..


HARMONISATION OR HOMOGENISATION


- by S Mark - - The Globalization of Law and Legal Ethics—An Australian Viewpoint ... prognosis is worsened by the steady erosion of lawyers' franchise over the provision of ..


263_Franchisee startup checklist_FA.indd


should obtain before you enter into a franchise agreement. .. under law before you sign the franchise agreement. .. You should provide a copy to a lawyer, ..


Submission: Inquiry into Access to Justice


the ability of franchisees, current and former, to access legal representation; the adequacy of legal .. Law Council of Australia Submission to the Federal Budget 2009 -2010 .. Franchisors and their lawyers draft non-negotiable contract terms.


Submission: Inquiry into franchising and code of conduct


Conjoint Professor, School of Law, University of Newcastle ... external lawyers; franchisees by themselves, or by directors with or without"? advisers (lawyers ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) .. of solicitor to act upon instructions of client constitutes special grounds. ... Statutory interpretation: definitions; whether franchise agreement for the ..


Legal Advice


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. It is strongly recommended you seek consult your lawyer before entering into any ..


Selling a Franchise


Selling a franchise isn't quite the same as selling an ordinary business. Your franchisor will have .. Australian Consumer Law · Trade Measurement · Red Tape ..


Booklet 4: LEGAL ISSUES Legal Issues Grandparents for ..


this directly with the Legal Services Commission or through a private lawyer. The Legal Services Commission will decide whether you are eligible for assistance ..


Legislation and Regulation


Business Contracts · Dispute Resolution · Hiring a Lawyer .. The Franchising Bill 2010 adopts the National Franchising Code of Conduct as a law of Western Australia and requires franchising parties to act in good faith in relation to all ..


3 Franchising Franchising


intention to enact a franchise law for the petroleum retailing sector and .. Attorney-General and Ministerial Council re-examine the case for specific franchise ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims all .. Procedural fairness; whether solicitor who was unfamiliar with civil .. Franchise agreement; where franchise fees based on "reasonable ..


Australian Corporate Lawyers Association - Attorney-General's ..


Rich Text Format - The Australian Corporate Lawyers Association ("ACLA") is pleased to submit its .. b) The second option is to establish a new 'state-based' franchise of the ..


Submission: Inquiry into franchising and code of conduct


l have had the opportunity to be briefed on the submission by the Franchise Council .. most professional and compliant in terms of the laws disclosure of income tax, ... lawyers to recognise their rights, responsibilities and the reasonable limits ..


Lawyers Porto - Australian Embassy


List of Portuguese lawyers conversant in English in the Porto area .. company law, Contract law, debt collection, Family law, Franchise Law, International Law, ..


Clone power - Business Basics - Catapult - ABC Online


A lawyer – who'll help you ensure your business meets its legal requirements under the Franchising Code of Conduct (see box below) and the ..


Submission: Inquiry into franchising and code of conduct


the law relating to franchisor failure. MY SUBMISSION. Nature of the industry and rights of both parties. First, to clarify, franchising is not an industry itself.


ECONOMICS AND INDUSTRY STANDING COMMITTEE


Member, Franchising. Law Committee. Queensland Law Society. Ms Louise Pennisi. Policy Solicitor. Queensland Law Society. 11 April 2011 ..


SUBMISSION


Australian Consumer Law with specific regard to such terms that arise .. This is a submission from Rodney Hackett, lawyer, and a past franchisee of two ..


Strategies to Protect Your Intellectual Property


Buying a Franchise .. You can patent your IP through a patent attorney and/or an intellectual property lawyer, either of whom will take your current model and ..


Appointments to the Takeovers Panel [18/03/2011]


Mrs Julie McPherson is a Corporate Lawyer and Company Director. She is Senior Vice President Legal, Group General Counsel and Company .. Mergers and Acquisitions and the Natural Resources and Industrials franchise.


Glen Eira City Council Directory


Business description: Immigration Lawyer .. Anne Hodgson & Co - Lawyers .. Employment Law, Commercial Law, Franchise Law, Property Law, Wills and ..


Submission - Inquiry into franchising and code of conduct


both law and franchising, there is little that I can offer in the way of answers. .. Lawyers even go as far as to offer advice suggesting a degree of ..


Record Keeping Obligations


Buying a Franchise .. Business Contracts · Dispute Resolution · Hiring a Lawyer .. By law, the Australian Taxation Office (ATO) requires you to keep certain ..


Submission: Inquiry into franchising and code of conduct


with anecdotal evidence from countless lawyers and accountants who frequently .. Franchising Legal Committee of the Queensland Law Society and similar ..


6 Legislative protection Legislative protection against unfair conduct


relationship eg through a lease or franchise, the dominant parties seek .. Equity, in the sense in which it is distinguished from the Common Law, consisted .. Affairs and Co-operative Societies and the Attorney-General for New South Wales ..


Summary papers and Powerpoint presentations from ADR Research ..


Mandatory dispute resolution and the 2006 family law reforms. Use .. The economic benefit of lawyer assisted ADR in family law matters – Mr Alan Kirkland, National .. Taking care of Business: Structuring Franchise Systems to Anticipate and ..


Submission: Inquiry into franchising and code of conduct


This unequal relationship is balanced in the US courts as lawyers routinely take this .. of the fund, the "audit", a requirement of the current Franchise Law, has ..


Submission - Inquiry into franchising and code of conduct


The Law Institute of Victoria (LIV) represents approximately 15000 .. In summary, the LIV supports the need for the regulation of franchises in a way which is fair and .. either myself or Michael Hayes, LIV Commercial Lawyer on 03 9607 9382 ..


Franchising Consultative Committee (FCC)


The FCC (which was previously known as the Franchising Consultative Panel) was .. academics conducting research into franchising issues and law firms which .. Mr Howard Bellin (IF International); Ms Lynne Peach (Minter Ellison Lawyers) ..


Terms of the Contract


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. These records will form the basis for instructing the lawyer who will draft the contract.


Supervised Traineeship Scheme


LAWYER'S SKILLS – Diary Entry Reconciliation. An entry-level lawyer should be able to demonstrate oral communication skills, legal interviewing skills, ..


Small Business Statistics


Australian Consumer Law · Trade Measurement .. nature of business ownership, collaborative arrangements, franchising agreements, performance measures, ..


LEGAL IMPEDIMENTS TO A FREE TRADE AGREEMENT – AN ..


PARTNER, DIBBS ABBOTT STILLMAN LAWYERS, .. assist Members lacking a competition law in drafting an appropriate law and establishing ... known as Franchise China Pty Ltd. Franchise China was an Australian company, that ..


24th January 2011 The Chairman Economic and Industry Standing ..


QSRH is very concerned that if the proposed "Franchise Bill 2010" (Bill) becomes .. the law on "good faith" was not settled and was continually evolving. ... This is the conclusion reached by scholars, lawyers, the Franchising ..


Submission: Inquiry into franchising and code of conduct


believe their failure was due to the franchise law … nothing could be further .. consultants, brokers, lawyers and accountants who mostly have professional ..


Terminating a Worker's Employment


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Step 5: Negotiate the lease


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. The solicitor will take account of your concerns, risks and the matters agreed upon ..


Our Actions


Guardianship, Medical Power of Attorney and the .. strengthening our laws and reporting mechanisms .. report, Older People and the Law. Our Actions ..


Selling a Franchise - Business Victoria


Selling a franchise is largely the same as selling a business, but there is the .. legal advice from qualified and experienced franchising accountants and lawyers.


Tender Process


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Submission: Inquiry into franchising and code of conduct


a $40000 franchise agreement fee, plus a training levy of $10000 and another .. Soon after I received the letter from the Franchisor's lawyers the owner of the ..


SMALL BUSINESS COMMISSIONER BILL Adjourned debate on ..


Many franchises and buying groups are nationally, if not internationally, trading .. for franchisees, who would be on a level playing field in terms of the law and .. commendable letter that I would like to read into Hansard from a lawyer who has ..


Women


Practically, the Wesleyan statute said that only women of extraordinary ability who had .. They could as women lawyers give vast help and protection to many injured .. will greatly assist all women in the proper use of Parliamentary franchise.


Publications & research - AGS publications - AGS legal notes ..


AGS - Australian Government Solicitor .. Papers by AGS lawyers .. The Commonwealth's Implied Constitutional Immunity from State Laws .. These cases concerned the validity of business franchise fees imposed by the Business Franchise ..


Closing a business with employees


..

labour relations laws. The state laws cover sole traders and partnerships and the federal laws cover proprie. .. Buying a Franchise .. Before closing your business talk to your lawyer and accountant about how you should proceed. If you are ..


Table of consultancy services let during 2010-11 of $10000 or more ..


Australian Government. Solicitor. Trade Practices Law Advice- Nov. 2010. $ 15000. Panel. C. 24. Australian Government. Solicitor. Legal Services Relating to ..


Soothill & Associates


entities engaged in the retail and retail franchise spheres of business. To that .. The Law Society of NSW through the NSW Solicitors Rules at rule 45 thereof ..


Four Essential Elements of a Contract


Australian Consumer Law · Trade Measurement · Red Tape Reduction .. Buying a Franchise · Advantages and .. What's next.. Do you need to hire a lawyer?


Corporate Publications


Australian Consumer Law · Trade Measurement · Red Tape Reduction .. Inquiry into the Operation of Franchise Businesses in Western Australia. Report to the ..


Litigation Notes No 15 - Australian Government Solicitor


AGS - Australian Government Solicitor .. Simon Thornton Lawyer ... All of the majority justices noted the central importance of the franchise or voting to ..


Step 2: Preparing your business for sale


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Step 3: How do I register my business name?


Buying a Franchise .. Is a name registered under federal Corporations Law and is administered by the Australian Securities and Investments Commission ..


Ethical and fiduciary duties v's competition laws


Application and key parts of the Franchising Code · Amendments to the .. Acting in a way which breaches the law of the land can certainly not be taken to be done .. beneficiary, agent and principal, solicitor and client, employee and employer, ..


Submission: Inquiry into franchising and code of conduct


the Franchising Code of Conduct and the cost and the time involved when .. We retained a solicitor in March 2006 to assist us with the issues we were having .. underfunded and under resourced. ! iearnt how to research case law through the ..


DRAFT REGULATORY IMPACT STATEMENT


Establishment of a registration system for franchise businesses and .. extensively on franchising and the recommendations are aimed at clarifying the law in ... relationships with lawyers and rely on mediation and dispute resolution services ..


Speeches - ACCC


10+ items – Browse speeches: Browse speeches by year · Speeches by ..








Australian Consumer Law – Reflections on the First Anniversary of the ACL

 


The franchising sector and the ACCC

 



Franchising (South Australia) Bill 2009


Compliance with SA Franchise Law and acting in good faith. 5 .. (a) representation of a party by a lawyer will not be permitted unless— ..


Submission: Inquiry into franchising and code of conduct


Franchise Agreement again without a lawyer present and for my mother, she was not afforded the opportunity to seek legal advice nor had she ever been given ..


Partnership


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


ACCC small business


which is a Commonwealth law to make sure .. decisions about investing in a franchise and so the ... found. Consumers shouldn't have to be lawyers, speed- ..


264_Franchising code of conduct overview_FA.indd


A franchise is a specific type of business and the Franchising Code of .. has the force of law under the Competition .. advice by a lawyer, business adviser ..


Legal team wins NSW Excellence Award - Media Releases - Fair ..


Freedom of Information · National Employer Program · Franchise assistance .. "Earlier this year, the Attorney-General granted our legal team a .. The Legal Group also took a leading role in the advancement of women at the ..


Business Plan


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Example Profit and Loss Statement


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Report: Inquiry into franchising and code of .. - Parliament of Australia


excluded provisions), or of any other law of the Commonwealth, of a State or ... involved in the franchise sector, including franchisees, franchisors, lawyers, ..


Step 4: Obtain professional advice


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. Advice from a lawyer with commercial tenancy expertise can help you to understand ..


Hot Topics 67 - Prisoners - find LEGAL answers - NSW Government


Attempted removal of prisoner franchise – R v Benbrika – Roach v. Australian Electoral Commission. 22 imprisonment in nsW. Laws and policies – prisons in ..


Change business name details : Department of Justice and Attorney..


Unfair contract terms law · Handling complaints · Product safety .. Franchise scams .. A person who holds the power of attorney, or has written authority to sign the form on behalf of a person, can sign but they need to explicitly state this. .. by a Justice of the Peace, Commissioner for Declarations or lawyer).


Obligations to Employees


Under Australian law, all employers must adhere to a range of obligations including insurance, tax and superannuation, employment records and employment ..


Franchising Consultative Committee (FCC) - ACCC


The FCC (which was previously known as the Franchising Consultative Panel) was .. academics conducting research into franchising issues and law firms which .. Mr Howard Bellin (IF International); Ms Lynne Peach (Minter Ellison Lawyers) ..


Guide to unconscionable conduct


to comply with the law and agree to steps to remedy such breaches further ... circumstances and the manner in which a franchise agreement may be ... their fees, and engaging solicitors to send a letter of demand for the balance of the fees.


Answers to questions on notice - Treasury portfolio


previously traded as Auto Masters Midland under a franchise agreement. Auto .. solicitors for Auto Masters accompanied by a covering letter saying that Auto. Masters had .. you have breached by the by laws of the Strata Company in relation ..


Submission: Inquiry into franchising and code of conduct


franchise agreements modelled on such laws operating in the United Kingdom ... unconscionability makes litigators and lawyers very reluctant to rely on ..


Report: Inquiry into franchising and code of conduct


engaging a lawyer sees franchisees surrendering to the pressure of the franchisor .. 7.38 There was support for this contention from the Law Institute of Victoria: ..


Intellectual Property


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


DESTRUCTION AND APPOPRIATION OF GOODWILL:


Rich Text Format - Petroleum Retail Marketing Franchise Act 1980 (Cth) .. by Raymond A. Garcia and Nicole Liguori Micklich of Garcia and Milas, P.C., Attorneys. .. Whilst existing Australian tenancy and franchise law responds to the problems ..


Types of Employment


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Step 3: Setting the right price


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Presentation by The Hon


Environment and Planning Law Association (NSW) Annual Conference: 'The times .. respect to such projects; concluded indenture or franchise ..


Business Structures


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Report: Inquiry into franchising and code of conduct


8.14 The Law Society of Western Australia stated that, as a franchise agreement contains ... risk is that, in that twisted way that we lawyers operate, it might be ..


Obtaining Finance


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Starting and Planning Your Business


a Disclosure Document. - the Franchising Code of Conduct. If you're unsure about the content of these documents, seek guidance from a lawyer before signing ..


Closing/Winding up


Buying a Franchise · Advantages .. There are some significant differences in what is required by law to wind up a sole trader business, partnership or company.


:5


2.5 Agreement to purchase the North Perth franchise 7 .. We got legal advice and our lawyer advised us that whilst we had a good case .. Delight Head Ofi-lee in Melbourne, and daughter-in-law of a cousin ofmine, Dave ..


Department of Premier and Cabinet - TASMANIA : Milestones for ..


Franchise for Legislative Council for owners of freehold of 10 .. 1931, Helen Ida Dunbar first woman to graduate from University of Tasmania Law School. .. Attorney General, Merv Everett appoints Kim Boyer as first female ..


Taxation


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Report: Inquiry into franchising and code of conduct


involved in the franchise sector, including franchisees, franchisors, lawyers, .. unconscionable conduct in statute, though it does list a number of matters courts ..


Legal Information


Advantages and Disadvantages of Buying a Franchise · How do I Evaluate a Franchise Opportunity? .. Business Contracts · Dispute Resolution · Hiring a Lawyer .. of an investigation, where a law enforcement agency may exercise a warrant ..


Trust account audit regulations for debt collectors : Department of ..


.. Skip to content | Skip to footer |. Problems viewing this site · Home | Justice and Attorney-General Home | Site map | Contact us | Help | ..


Contractual Obligations


Whether they are purchase orders, supply contracts, exclusive agency agreements, partnership agreements, franchise agreements, or leases, small businesses ..


Valuing a Business


Evaluating a franchise. Contractual .. a franchise, dissolving a partnership, and family law disputes. .. advisers such as accountants, solicitors and business ..


Report: Inquiry into franchising and code of conduct


Poolwerx Kew franchise, contrary to clause 2b of the Terms of Settlement. A .. Lawyers dated 13 October 2008 in relation to the above matter. We have written ..


f ~zo 10 ?x,Jo Dear MrHughes, I wish toexpress my opinion and ..


responsibilities seriously and the franchising industry iswell regulated currently. .. In my opinion this allows unscrupulous lawyers todrum up business by .. Ifthis Bill was enacted into law it would significantly disadvantage WA ..


Dissolution of a partnership


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


t3fiEC2fi'it lawyers


t3fiEC2fi'it lawyers. DpAC J PRINCIPAL. The Presiding Member OHN VOUMARD. Development Policy Advisory Committee soL1c1T0R$ ..


Hobby or Business?


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Closing a sole trader


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Our legal team wins Excellence Award - Latest News - Fair Work ..


Freedom of Information · National Employer Program · Franchise assistance .. "Earlier this year, the Attorney-General granted our legal team a .. The Legal Group also took a leading role in the advancement of women at the ..


LAW ADMISSIONS CONSULTATIVE COMMITTEE UNIFORM ..


An applicant trained as a lawyer in Australia must have acquired a tertiary qualification in law that is recognised for the purposes of admission to the legal ..


Submission: Inquiry into franchising and code of conduct


motivation for entering into a franchise. But for an ever increasing number of .. pending legal action, the Franchisor ... lawyer we decided to walk away.


Bill of Rights - Issue 51 - Top Topics - LIAC - find LEGAL answers


an area of the law, the Legal Information Access Centre can help – see back cover for contact details. If you want legal advice, you will need to consult a lawyer.


Submission: Inquiry into Access to Justice


Law Clearing House, pro bono lawyer Tamara Sims is on the Intellectual .. from small business owners especially in regards to terms of franchise and lease ..


So you're starting a business. Congratulations!


You should, where necessary, seek your own legal advice for any legal issues .. Have you considered buying a franchise? 32. Running your business .. Contact a business advisor, accountant or solicitor for advice. Do you know what events ..


EmbroidMe for Ashley and Carol


Australian Consumer Law · Trade Measurement .. Business Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. A visit to the Franchise Expo in Perth provided Ashley with some new information on ..


OCR Document


- Michael's legal career has been spent with Gadens Lawyers, having undertaken his .. Educated at Monash University, he holds degrees in law and economics. .. arm of a franchise operation including appointment of voluntary administrator to ..


Independence of the Judiciary — Some Federal Government ..


Attorney

General for the Commonwealth of Australia .. The "rule of law" and the "independence of the judiciary" are terms with which lawyers feel comfortable. .. "In a democracy, the people can exercise their franchise only periodically and are ..


Tax Office response to recent decisions


Law

, rulings & policy > Law > Tax related case law ... which concerned whether a Franchise Establishment Fee and Franchise Renewal Fees in a Franchise ..


Equal Opportunity within the Education Context: A Judicial Perspective


Australia & New Zealand Education Law Association. [ANZELA] present: ... the franchise to all Aborigines, as did the governments of Western. Australia and the ..


In some circumstances you can apply to have a decision of the ..


The law which deals with this type of power suggests that orders can only be varied or .. advise you of lawyers who have experience in this area of law. The Law..


NSW Court of Appeal - Decisions of Interest 2010 - Supreme Court ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims .. Procedural fairness; whether solicitor who was unfamiliar with civil ... Franchise agreement; where franchise fees based on "reasonable ..


Contempt: Some Contemporary Thoughts - Supreme Court : Lawlink ..


The law of contempt has at least three fundamental objects – providing a fair trial, .. The presiding judge convicted both lawyers of contempt. ... Australia of a franchise agreement with Mr Farahbakht to operate a Midas shop.


Submission: Inquiry into franchising and code of conduct


families currently undergoing this destruction. l pray that laws and powerful bodies .. with their in-house lawyers they threaten and bully the ordinary franchisee ..


your voice…


The 2010/11 floods: Downs & South-West Law Association______ 38. The future of the ... circulated to all WA MPs and the Franchise Advisory Centre. The WA ..


23 June 2010 The Taskforce National Legal Profession Reform c/o ..


The Australian Corporate Lawyers Association ("ACLA") is pleased .. b) The second option is to establish a new 'statebased' franchise of the ..


Step 4: Making an offer..


Australian Consumer Law · Trade Measurement .. Buying a Franchise .. Your lawyer can provide legal advice on both the lease for the business premises and ..


save time and money with better contracts


information about the common law definition of an 'independent ... To find a lawyer, contact the Law Society or the Law. Institute ... franchising laws may also be.


The Department of Economic Development, Tourism and the Arts ..


The ACL is a national consumer law which applies to all business sectors .. The Franchise Council of Australia Limited (FCA) is the peak body for .. The Law Society of Tasmania acts to regulate the many activities of lawyers, ..


National Human Rights Consultation Report - Chapter 5


..

was in the course of introducing adult franchise with the grant of votes to women, and .. Australia's obligations under international human rights law are found in .. People are able to be detained with no ability to contact family or lawyers for ..


dfat.gov.au. - Department of Foreign Affairs and Trade


Rich Text Format - The Omani legal system (for civil, criminal, as well as family law matters) .. The British Embassy also publishes a listing of Omani legal firms at Oman Lawyers. .. Second-tier franchises have some potential, but this is a relatively small market.


Example Balance Sheet


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


UNSW Indigenous PreLaw Program


It marks the completion of the Ninth Indigenous Pre-Law Program. .. Lawyers have a part to play in bridging the gap. .. 3 Discussed J Norberry and G Williams, Voters and the Franchise: The Federal Story (Parliament and the Constitution: ..


Stay Healthy


Australian Consumer Law · Trade Measurement .. He finally chose a Stay Healthy franchise retailing leading Australian and international brands of vitamins, ..


Jurisdiction of Courts (Cross-vesting) Act 1987


Administered by: Attorney-General's. Prepared .. 9 Exercise of jurisdiction pursuant to cross‑vesting laws .. Attorney-General's Department, Canberra ... matters arising under the Petroleum Retail Market Franchise Act 1980 ..


Business Victoria - Starting and Managing a Business - Sole Trader ..


..

a Franchise · Starting a Business Fact Sheets · Small Business Workshops & .. Use the Find an Adviser service to contact an accountant or lawyer in your ..


AUSTRALIAN LAW - AFTER SEPTEMBER 11, 2001


The leading lawyers have become judges and many have retired or died .. It guaranteed all persons with a State franchise of the right to vote in ..


Northern Territory Law Reform Committee


Law Reform Committee of the Northern Territory was asked by the Attorney- ... A series of Married Women's Property Acts and the extension of the franchise ..


Changes to the Retail Trading Hours Act


From 1 November 2010, new laws came into effect allowing general retail shops the choice to stay open until 9pm on weeknights. These changes potentially ..


Retail Leases Act 1994 - NSW Legislation


lawyer means a barrister or solicitor. ... (f) from seeking and accepting payment for the grant of a franchise in .. (7) Subsection (2) has effect despite the terms of a lease, any rule of law or the provisions of any other Act.


Speeches


10+ items – Commonwealth logo and the ACCC logo. INFOCENTRE: 1300 ..








Australian Consumer Law – Reflections on the First Anniversary of the ACL

 


The franchising sector and the ACCC

 



Issues Paper - Unconscionable Conduct - Submission from Retail ..


doctrine of unconscionability, developed in common law. .. litigators and lawyers very reluctant to rely on section 5lAC as a chosen cause of action. The inability to .. Federal, South Australian and Western Australian franchise industry reviews.


Business law | Small Business Development Corporation


Advantages and Disadvantages of Buying a Franchise · How do I Evaluate a Franchise Opportunity .. Business Contracts · Dispute Resolution · Hiring a Lawyer ..


Legal Services Country Profile – Australia - International Legal ..


- The franchise extends to Australian citizens who are at least 18 years of age and have .. The practising certificate constitutes the lawyer's 'licence' to practise.


Official Committee Hansard


The operation of the Franchising Code of Conduct, with particular reference to: .. VINE, Ms Shirley Jane, In-house Lawyer, Eagle Boys Dial-A-Pizza .. Griffith Law School and Dr Scott Weaven from the Griffith Business School.


Submission: Inquiry into franchising and code of conduct


mandatory Franchising Code of Conduct came into statutory law is found ... debate between lawyers and economic theorists over imposing a restraint ..


Cost of Goods Sold Forecast


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


HOUSE OF REPRESENTATIVES


existing common law protections; overseas ... lawyers, after charging us a great deal of money to write a franchise agreement for us, once they have taken ..


Buying commercial premises


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise .. financial, legal, and business advice before making any commitments to buy ..


THE LOOPHOLE


6.16A. Attorney General's Office, Government Buildings, Upper Merrion Street, ... franchise … the law conferring it, and the rules which govern its exercise, ..


Credit Management


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Submission to NSW Planning Review 2011


grantg@rmblawyers.com.au .. The British academic and lawyer Patrick ... voluntary incorporation excluded from the franchise those who did not have property, ..


Trust


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Leasing commercial premises


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Submission: Inquiry into franchising and code of conduct


Dear Sir. Supplementary Submission to the Inquiry on the Franchising Code of Conduct. I refer to my .. LAWYERS. Brisbane. Melbourne .. transfer of a franchise held by the plaintiffs to a third party - where the third .. in law in 1989. Mr Peter ..


Franchising in Queensland


Franchising is a growing part of the Queensland economy. Of the more ... location, complying with planning (zoning) laws, preparation of plans for layouts, shopfitting ... of the franchise relationship), Barwicks Wisewoulds Lawyers. McCosker ..


State Industrial Relations


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Report - The need, scope and content of a definition of ..


the Act. The legal interpretation of the term is based on a body of case law enunciated by the High ... lawyers approached by franchisees is along the lines of;. 4 ..


Winding up a solvent company


Australian Consumer Law · Trade Measurement .. Contracts · Dispute Resolution · Hiring a Lawyer · Personal Property Securities Register .. Buying a Franchise ..


Franchise Law


Franchise law

and franchise legal issues and dispute resolution discussed by the Asia-Pacific Centre for Franchising Excellence.


Franchise Regulations


In Australia, the franchise sector is overseen by the Franchising Code of Conduct, a mandatory industry code under the Competition and Consumer Act 2010, ..


Common Breaches of Franchise Law


Franchise Law

and franchise legal requirements: Common breaches and elements of franchise law to look out for.


Franchise Regulations: Competition and Consumer Act


Franchise

Regulations: The Competition and Consumer Act supersedes the Trade Practices Act, and came into effect on January 1, 2011. Learn more..


Franchise Business Law


Franchisees should not solely rely on their franchisors for advice on job classification levels in awards, as a Hungry Jack's franchisee recently ..


FRANCHISE FEES WINDFALL TAX (COLLECTION) ACT 1997 ..


"State franchise law" has the meaning given by subsection (2). "windfall tax" means the .. (2) The following are State franchise laws for the purposes of this Act: ..


Franchise Regulation: Conflict Resolution


Under Australian franchise law, the Franchising Code of Conduct, parties to franchise agreements are required to mediate in the event of franchise problems or ..


Franchise Regulations: The Corporations Act


The Corporations Act sets out the laws dealing with companies in Australia at federal and state level. Learn more..


Andrew Terry - The University of Sydney Business School


His publications include Business and the Law (currently in its 5th edition) and Franchising Law and Practice. Andrew has had a long ..


Free workplace laws compliance resources - Franchise


To assist franchisors and franchisees to comply with national workplace laws the Australian Fair Work Ombudsman now offers a National ..


BUSINESS FRANCHISE ACT (Repealed)


This Act may be cited as the Business Franchise Act. (See back note 1). 2. Commencement. This Act shall come into operation or be deemed to have come into ..


[pic] Franchise Fees Windfall Tax (Collection) Act 1997 Act No. 132 ..


State franchise law has the meaning given by subsection (2). windfall tax means the tax payable under this Act. (2) The following are State franchise laws for the ..


Franchise Regulations: Intellectual Property Legislation


Do you think Western Australia should introduce State-based franchise legislation .. and with a local Intellectual Property Law expert when expanding franchise ..


12021 Franchise Law - Renewal and End of Term Renewal Rights ..


College of Law - Corporate Home .. 12021 Franchise Law - Renewal and End of Term Renewal Rights of .. The College of Law City, St James Centre Level 7 ..


Franchise Regulations: Fair Trading Legislation


..

Legislation: Each state of Australia has its own set of Fair Trading laws which .. Our Franchise Performance Metrics research provides insight into franchisor ..


FRANCHISING AND THE QUEST FOR THE HOLY GRAIL: GOOD ..


accepted implied duty of parties to a franchise agreement to act in good faith' ... franchise laws of Alberta, New Brunswick, Ontario, and Prince Edward Island.15 ..


Lorelle Frazer's Franchise Blog


According to franchise law experts the Bill seems almost identical to the Franchise Bill 2010 introduced by WA Liberal MP Peter Abetz, ..


Franchise Forum 2011 Online Resource


Derek Sutherland, Principal, Icon Law and Chair, Franchise Legal Committeees (Queensland Law Society & Franchise Council of Australia) - discusses hot ..


Avoiding personal and business legal blind spots - Franchise


As noted below, ignoring our own blind-spots can also lead to legal and business failures in business, including franchising.


Registration of business names for franchises


In addition to the protection of registering the corporate name, the franchise may be able to prevent competition through the common law action ..


Key Intellectuasl Property Issues for franchisors and franchisees


As will be outlined below, it is very important for all of the franchise's intellectual property to be protected both by legal means and by the ..


Enforcing Restraint of Trade Clauses in Franchise Agreements


Franchise business LAw Expert Jenny Dickfos Jenny Dickfos, B Bus (QIT), LLB (Hons) (QUT), LLM (QUT) is currently completing her PhD ..


Frank Zumbo - Schools - Australian School of Business - UNSW


33; (2001), 'Franchising in Australia, 'New Zealand Law Journal, p. .. 121; (2000), 'Unidroit and international franchising,'Business Law Review ..


The Regulation of the Franchise Relationship in Australia: A ..


by EC Spencer - 2007 - - grateful also to my colleagues in franchise law research at the University of New. South Wales, Professor Andrew Terry and Lecturer Jenny Buchan, both of ..


Protection of small business under the Trade Practices Act


The code and the Trade Practices Act provide a range of protections for franchisees and prospective franchisees in their dealings with franchisors. These include ..


UNE - Staff - Ms Heather Forrest



Adjunct Senior Lecturer - Faculty of The Professions, School of Law Heather Ann Forrest, 'The Severability of Trademarks and Goodwill under Australian Law: A Franchise in Disguise' in Collaboration and ..


State franchise regulations debate returns


According to franchise law experts the Bill seems almost identical to the Franchise Bill 2010 introduced by WA Liberal MP Peter Abetz, ..


Top tips and traps to getting the best deal on your franchise lease


If you are a retail franchise business going into a shopping centre, you have the benefit of the Retail Shop Leases Act 1994 (Qld) and ..


WA Franchising Bill defeat


"The new national laws follow extensive consultation and review and are the best chance yet to address concerns within the franchising sector.


Twelve tips for better contracts - Franchise


Macaulay in Joerges, Christian (ed) Franchising and the Law: Theoretical and Comparative Approaches in Europe and the United States ..


New tax agent laws may catch franchisors - Franchise


New Federal Government laws, commencing on March 1 this year, may catch out franchisors who provide franchisees with tax or business ..


Trademark protection for franchises


Franchise Performance Metrics Report 2011Franchise Marketing Forum .. Provided the appropriate steps are followed, the Trade Marks Act ..


Effective disclosure in the regulation of franchising


by EC Spencer - 2008 - - Unification of Private Law (UNIDROIT) Model Franchise Disclosure Law. In all these jurisdictions regulation is based upon a rational economic model in which ..


Protection of image and appearance - Franchise


The example provided by LexisNexus franchising law and practice is that protection for McDonald's needs to extend to the logo consisting of ..


Disclaimer - Franchise


www.franchise.edu.au is owned and operated by Griffith University (ABN 78 106 .. You should seek legal or other professional advice before acting or relying on ..


Lessons for Franchisors from Alliance Contracting - Franchise


Underpinning all successful alliances and franchises, is a commitment on behalf of all alliance members to act in good faith and with integrity in ..


Doctor Zhiqiong June Wang | University of Western Sydney (UWS)


Zhiqiong June Wang & Andrew Terry, 'China's Long March to a Franchise Law: the 2007 Franchise Regulation' [2007] LawAsia Journal, 79- ..


Confidentiality agreements and know-how - Franchise


Franchise Confidentiality Agreements Kanchana Kariyawasam is a Senior Lecturer in Business Law at Griffith University and Adjunct Research ..


Franchise course application deadline extended


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. Franchise Business LawTraffika BlogFranchise BlogsLorelle ..


CONSUMER PROTECTION FOR FRANCHISEES OF FAILED ..


by J BUCHAN - franchisees was redressed to an extent in 1998 by the enactment of amendments to the. Trade Practices Act 1974 (Cth).3 Administrators and liquidators ..


What Franchisors and Franchisees Should Know About Cloud ..


Franchise Law Professor Eugene Clark Eugene Clark is Professor of Business Law, Griffith University. He holds five university degrees ..


Franchise Forum 2011: Rebuilding franchise profits


At this unique event youll hear real experiences of how leading franchise brands .. Principal, Icon Law & Chair, Franchise Legal Committeees (QLS & FCA); ..


Top five costly lease clauses for franchises


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. Franchise Business LawTraffika BlogFranchise BlogsLorelle ..


Preferred Hours clauses in Enterprise Agreements - Franchise


Franchisees should seek independent legal advice before considering a preferred hours clause in either an enterprise agreement or IFA.


Franchising Code of conduct


The Franchising Code of Conduct is the only specific legislation to regulate the .. A breach of the Code is a breach of the Competition and Consumer Act and ..


Disclosure Document - Franchise


Franchise

disclosure document requirements outlined by the Asia-Pacific Centre .. Competition and Consumer ActIntellectual Property LegislationRetail leasing ..


Franchise Forum 2011 - Registrations open


Registrations are now open for the Franchise Forum 2011: .. Principal, Icon Law & Chair, Franchise Legal Committeees (QLS & FCA); ..


Franchise Regulations: Oil Code


Like the Franchising Code of Conduct, the Oil Code is a mandatory industry code under the Competition and Consumer Act (2010), and is enforced by the ..


Australian franchise regulation reforms


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. Franchise Business LawTraffika BlogFranchise BlogsLorelle ..


Award interpretation is a franchisee responsibility - Franchise


Franchisees can recover overpayments in particular legal circumstances. Nevertheless, franchisees should consider the time, legal and ..


Asia-Pacific Centre for Franchising Excellence


To assist franchisors and franchisees to comply with national workplace laws the Australian Fair Work Ombudsman now offers a National Franchise Program.


Balance of power, certainty and discretion in the franchise ..


by EC Spencer - 2008 - - franchise relationship) typically involve analogies to other legal relationships, .. Gillian Hadfield wrote, '[T]he heart of franchising's legal structure is still contract.


Four secrets to avoid franchise conflict


Franchise conflict research encompassing franchisor and franchisee perspectives reveals four .. Free workplace laws compliance resources ..


Government expert panel announced - Franchise


Franchise Performance Metrics Report 2011Franchise Marketing .. had well acknowledged expertise in various aspects of trade practices law.


FRANCHISOR FAILURE: AN ASSESSMENT OF THE ADEQUACY ..


by JM Buchan - 2010 - contracting parties that are currently without legal rights to respond when a franchisor fails, and thus without consumer protection, are its franchisees.


FRANCHISING (SOUTH AUSTRALIA) BILL 2009


SA Franchising Law means this Act and the Franchising (South Australia) Code of Conduct. .. 4—Compliance with SA Franchise Law and acting in good faith ..


Jason Gehrke, Franchise Expert


Franchise

Business Law experts from the Griffith Business School cover a range of topics franchisors and franchisees need to be aware of from contracting to ..


Franchise Performance Metrics


Franchise

Performance Metrics: Franchisors see how your franchise .. Competition and Consumer ActIntellectual Property LegislationRetail leasing ..


Franchise season's greetings


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. Franchise Business LawTraffika BlogFranchise BlogsLorelle ..


Social Media and Franchise Marketing Strategy


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010. Franchise .. Free workplace laws compliance resources ..


THE GUARANTEED RIGHT TO VOTE IN AUSTRALIA


by A GRAY - - Commonwealth in its Commonwealth Franchise Act 1902 (Cth) expressly excluded Aboriginal people from the voting process unless a state law gave them that ..


New Australian Industrial Relations laws go live - Franchise


The New Year in Australia brings new industrial relations laws. .. you) can avoid any potentially damaging legal action in the franchise network.


Andrew Terry - Schools - Australian School of Business - UNSW


Continued Flouting of the System Will Put Your Franchise in Jeopardy … (1998), Franchising Law and Policy Review 9 (with Des Giugni and ..


Jenny Buchan - Schools - Australian School of Business - UNSW


Jenny's expertise in franchising law led to her appointment as a panel member of the Australian Competition and Consumer Commission's ..


Civics | Electoral events timeline


30+ items – Civics and Citizenship Education. National Assessment ..










1835

 


Australia's first political 'party', Australian Patriotic Association ..

 


1850

 


Australian Colonies Government Act passed by British government ..

 



Truth behind franchise sector image problems


The reality is that with no penalty for breach of law, franchisors are not accountable and hold a distinct advantage over franchisees on many ..


New tools alleviate consumer guarantee confusion - Franchise


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. The Australian Consumer Law introduced a set of consumer ..


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Franchising- A way to supersize a business?


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FRANCHISING (SOUTH AUSTRALIA) BILL 2009


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Pre-Entry Franchise Education; Module Two


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Sunday, 4 December 2016
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If you have suffered a personal injury in a car accident, either as a:  driver, passenger, cyclist, motor cycle rider or pedestrian, you could be entitled to claim compensation, whether you have minor soft tissue injuries, whiplash, broken limbs, head injuries or far more serious injuries. It is important you obtain sound legal advice without any delay. Enquire today to find out what compensation you could be entitled to.

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Car accidents happen every day. If you have been affected from a road related incident, the chances are you could be entitled to claim a compensation payout. You should seek legal advice immediately. even if you are the victim of a hit-and-run accident you could still be eligible to claim compensation. Please complete your free legal enquiry form to find out more.

There are time limits that apply to CTP claims and it is important to seek legal advice immediately to ensure that your rights entitlements are protected.

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If you have been injured in a Road related accident either as a driver, passenger, pedestrian, motorcyclist or cyclist, you could be entitled to claim a significant compensation payout. You should seek legal advice immediately to find out what you could be entitled to claim.

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Cyclist Accidents and Injuries

Quite often cyclists are not given proper care and attention by other road users. This can result in accidents occurring between car, trucks and other motor vehicles with bicycle riders. Motorists often fail to give way to cyclists therby causing an accident with the cyclist.

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