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 Discussion Forum

Franchising Law Discussion Forum

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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.

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


Franchise Fees Windfall Tax (Collection) Bill 1997 (1997-98 Bills ..


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


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


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 ..


H1; 9010 we 55


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


SUBMISSION


Australian Consumer Law with specific regard to such terms that arise in their practical application apropos franchising. There is no doubt that franchising ..


Frequently asked questions about the Franchising Code amendments


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


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What is the content of the common law obligation of good faith in ..


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Award interpretation is a franchisee responsibility - Franchise


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Franchise Law


Franchise law

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UNE - Staff - Ms Heather Forrest



Adjunct Senior Lecturer - Faculty of The Professions, School of Law Adjunct Senior Lecturer, Faculty of The Professions, School of Law .. rights and responsibilities in franchising (Bond University Press, 2011). .. and "New" EU Member States', (2004) 32 International Business Lawyer 216.


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Branding - Franchise


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Majority of franchisees required to undertake refurbishments


Research reveals the majority of franchisees are required to .. from at least an accountant and a lawyer, preferably with franchising experience, ..


Effective disclosure in the regulation of franchising


by EC Spencer - 2008 - - needed to enhance franchisees' ability to act on the information. This paper ... Disclosure documents written by franchisors' lawyers often employ formalized ..


Lorelle Frazer's Franchise Blog


Asia-Pacific Centre for Franchising Excellence franchise research and .. According to franchise law experts the Bill seems almost identical to the ... external advisers such as lawyers and accountants getting involved, lack of ..


Franchising- A way to supersize a business?


by E Spencer - 2006It has been accepted for inclusion in The National Legal Eagle by an authorized .. while to understand what franchising is because for many of the activities we .. are franchises. An interesting puzzle is engaging economists and lawyers ..


Preferred Hours clauses in Enterprise Agreements - Franchise


Franchisees can no longer use preferred hours clauses to reduce overtime .. However the law has changed in light of the decision by the Full Bench of .. Since his admission as a solicitor in 2003, Craig has represented and ..


Franchisee Due Diligence - Franchise


Franchisee

due diligence information for assessing a franchise opportunity from the Asia-Pacific .. what is expected of you as a franchisee before you sign the legal documents and buy a franchise. .. lawyer,; accountant, and; business advisor ..


Simple online marketing tips for franchises


For franchises this means that when someone is looking for 'Yard Services .. a location specifier such as "Brisbane Plumber", "Sydney Lawyer".


Blog :: Asia-Pacific Centre for Franchising Excellence


The example provided by LexisNexus franchising law and. .. positive and productive relationship with your lawyer, and may also save you ..


Professor Jeff Giddings - Griffith University


'The Role of a Solicitor at a Police Station', in Caxton Legal Centre, Lawyers .. 'New Perspectives on the Causes of Franchising Conflict in Australia', (2010) 22 ..


Don't Be Led Up the Garden Path - Business Planning - Articles ..


Get a copy of the Franchising Code of Conduct (you can download this from the .. This code is supported by the law and is administered by the ACCC, which will .. Talk to your accountant, solicitor, bank and financial adviser.


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


..

by the Office of Legislative Drafting and Publishing, Attorney-General's Department, .. State franchise law has the meaning given by subsection (2). windfall tax .. State franchise laws for the purposes of this Act: (a) the Business Franchise ..


Pre-Entry Franchise Education: Module One


Module One: Overview of Franchising will take 45 minutes to complete, and is a combination of .. Please note: The Trade Practices Act referred to in the video has been .. such as a lawyer and an accountant and perhaps business consultants, ..


BODY_Course Outline Template_V4b - Franchise


3. understand the basic legal framework in which franchising operates; .. such as a franchisee, franchisor, franchising consultant and franchising lawyer ..


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


College of Law - Corporate Home .. Continuing Professional Development · Legal Practice Management Courses · LAW 9000 · Lawyers Crossing Borders .. 12021 Franchise Law - Renewal and End of Term Renewal Rights of Franchisees ..


New Australian Industrial Relations laws go live - Franchise


If you're a franchisor, you may find value in pointing these changes out to your .. can avoid any potentially damaging legal action in the franchise network. .. you may also wish to seek advice from an industrial relations lawyer.


Asia franchise hot spot - Vietnam


As of 1 January 2009, franchises established in Vietnam can be 100 per cent .. Franchisors are advised to seek the counsel of established lawyers to .. To share important knowledge with the audience trademark, legal and ..


FRANCHISING (SOUTH AUSTRALIA) BILL 2009


An Act to make provision for applying the Franchising Code of Conduct made under the .. (a) representation of a party by a lawyer will not be permitted unless— ..


imageREAL Capture


Commission to the Attorney-General (July 1991); Report by the Senate Standing Committee on .. 1. that no franchising law should inhibit or stultify the growth of ..


Papers/Audio CD - Corporate Law


University taught you contract law theory, now is the time to put this .. Recent legislative amendments to the Franchising Code of Conduct ("the Code") became ..


Malaysian franchise expansion opportunities


Franchising in Malaysia is regulated by the Franchise Act 1998, under .. as well as numerous franchise consultants and franchise lawyers.


THE GUARANTEED RIGHT TO VOTE IN AUSTRALIA


by A GRAY - - Commonwealth in its Commonwealth Franchise Act 1902 (Cth) expressly excluded .. existing colonial franchises at the time of federation. ... 1; Stephen J in Attorney-General (Cth); ex rel McKinlay v The Commonwealth (1975) 135 CLR 1, ..


Professor Joellen Riley - Sydney Law School - The University of ..


Joellen is a Fellow of the Commercial Law Association. .. relationships for fairness and efficiency: A study of Business Format Franchising' in C. Arup, P. Gahan, ..


Alan Davidson - Law Firms


American Immigration Lawyers on the World Wide Web Links to the home pages ... franchise chain, protect your franchise or sue your franchisor; Law Offices of ..


Advisory board


Alan while franchise team leader at Donaldson Walsh Lawyers, achieved the .. INTL Award for Franchising Law Firm of the Year in 2010 and finalist in 2011.


The Fox Tucker Prize for International Franchising Law


The Fox Tucker Prize for International Franchising Law. Fox Tucker Lawyers have kindly offered to sponsor a prize for the Adelaide Law School. The agreement ..


Pre-Entry Franchise Education; Module Two


A Franchise Agreement is a legal document that joins the franchisee and .. an experienced franchise lawyer; Please note a franchise is a 'conditional grant', ..


Conflict Resolution in Franchising


There are many issues in franchising that, if not directly causing conflict .. or bad), external advisers such as lawyers and accountants getting involved, .. Researchers at the Griffith Business School and the Griffith Law School ..


What is the content of the common law obligation of good faith in ..


by WM Dixon - 2005 - 4 Hadfield GK, "Problematic Relations: Franchising and the Law of ... that the licences in question (which Hackett, an experienced commercial solicitor, had ..


Clinical Advisory Board - Monash University - Faculty of Law ..


Ross Hyams is a practicing solicitor and Senior Lecturer in Law at Monash .. Advisor under the Franchising and Oil Industry Codes of Conduct.


Job listing


Duty Solicitor, Criminal Law Practice Division, Legal Services Commission, .. law and management, intellectual property, consumer law and franchising law.


Face-to-Face Seminars - College of Law


60+ items – .. The College of Law Sydney CBD, Level 7, St James Centre, ..










15 February

 


Cornerstones of Contract Law

 


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International franchise success secrets


Franchise Performance Metrics Report 2011Franchise Marketing Forum 2010 .. use local lawyers recommended by our Australian law firm, draw on .. "China is a high growth market and ready for franchising, at both the ..


Law papers | Faculty of Law | Bond University


A global survey of relationship laws for franchising, Elizabeth Crawford Spencer .. Life-long learning for reforming law, refining lawyers, refreshing education, ..


Digging Up Fragments and Building IP Franchises


by K BOWREY - - political concerns about law, the information economy and neo-liberalism. But in seeking to make history relevant, they are producing competing franchises ... sources, although interestingly the work of lawyers is overlooked, such as that of ..


Professor Jeffery Giddings - Griffith University


Executive Committee, Asia Pacific Centre of Franchising Excellence .. the Commonwealth Attorney-General's Department and the Queensland Law Society.


The legislation that is being viewed is valid - AustLII


Interpretation The Acts Interpretation Act 1931 applies to the interpretation of this .. enactments Clause 4 ATTORNEY-GENERAL MINISTER FOR JUSTICE AND .. Co-ordination and Planning Act 1995 Gas Franchises Act 1973 Groundwater ..


TRADE PRACTICES (INDUSTRY CODES - FRANCHISING ..


Section 51AD of the Trade Practices Act 1974 (the Act) provides that a corporation must .. The Regulations prescribe the Franchising Code of Conduct as a mandatory industry code ... Corrs Chambers Westgarth Lawyers (for Burger King) ..


August edition USE THIS ONE.pub - the Adelaide Law School - The ..


Environmental Law students hit the road: Arid Recovery .. theme of My Lawyer Rules: Assuring Legal .. International Franchising is one of ..


Critical Reflections on Australian Public Policy


Parliament's eye, the then Attorney-General Senator Lionel Murphy ... and the Trade Practices Act in providing greater clarity for franchisees and those ..


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