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Publication - 16 Apr 18

In the wake of disputes in the franchise sector during 2017 that significantly impacted franchisors, the Minister for Small and Family Business, Craig Laundy MP, and Nationals Senator, John Williams, met with franchisees from various franchise networks and representatives of the ACCC and ASIC in early March 2018 to understand... Read More

Publication - 20 Mar 18

The much-awaited first week of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has concluded with Commissioner Hayne hearing case studies on a number of consumer lending issues involving the National Australia Bank, the Commonwealth Bank of Australia and Aussie Home Loans. Here we summarise the... Read More

Publication - 27 Feb 18

At the first public hearing for the Royal Commission Royal Commission inquiry into the banking, superannuation, and financial services industry, Commissioner Hayne and the Senior Counsel Assisting the Commission, Rowena Orr QC, provided background information to the enquiry and the timetable for the rest of the year. No applications for... Read More

Publication - 21 Sep 17

The Full Court has recently determined that a real estate agency, one of its former directors, and a senior employee of a property development company, breached their fiduciary duties to a development company by selling the company's land as part of a secret scheme to develop it themselves. This case is... Read More

Publication - 30 Aug 17

It is now commonplace for large, complex, and distressed companies to engage insolvency practitioners to assess the company and provide a contingency plan for possible future administration in the event that restructuring is unsuccessful. A common term for these practitioners is "potential administrators". In a recent decision concerning the administration of... Read More

Publication - 16 May 17

The ACCC has signalled a clear warning to franchisors that upholding the protections afforded to small businesses under industry codes is an enforcement priority. This warning came after the ACCC advised that Domino’s Pizza Enterprises Limited (Domino’s) became the first company to pay penalties for alleged breaches of the Franchising... Read More

Publication - 05 May 17

The Supreme Court of NSW yesterday handed down judgment in the first case dealing with the validity of a termination of a franchise agreement for alleged underpayment of franchisee employees. The judgment provides valuable lessons and warnings for franchisors and franchisees that may be on the brink of similar litigation. Ultimately,... Read More

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