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By Robert Toth
Franchisors need to ensure their restraint and non compete provisions are carefully worded to be legally enforceable.
By Robert Toth
Agreements can not cover every event, but an experienced lawyer can ensure they adequately protect their clients.
By Robert Toth
Issues to consider when entering - an attempting to end - a franchise agreement.
By Robert Toth
A franchise is a licensed contractual right which is not necessarily transferable unless the agreement allows it.
By Ashley McDonald
In September 2008, the Court of Appeal handed down its decision in Jayatilake v Toyota Motor Corporation Australia Ltd [2008] VSCA 167.
By Ashley McDonald, Samantha Lew
On 25 November 2008, the Court of Appeal determined, in a decision of Smorgon Steel Tube Mills P/L v Majkic, that when considering whether a worker has lost 40% of his work capacity, when comparing without injury earnings with actual earnings or earning capacity, both actual earnings and earning capacity need to be in 'suitable employment'.
By Steva Pajic
A plaintiff who was between contracts with Victoria University was held to be an "employee" allowing him to claim statutory benefits for a heart condition.
By Catherine Pulverman
For a liquidator to recover payments, made by a company to creditors, as unfair preference payments pursuant to section 588FA of the Corporations Act 2001 ("the Act"), he or she must be able to establish, amongst other things, that the company and the creditor were parties to the "transaction".
By Martin Algie
The ACCC recently announced that it would be reviewing advertising in the bedding industry to determine whether retailers are legitimately using two price advertising.
By Catherine Pulverman
When one hears the term "aiding and abetting", it conjures up images of people being involved in criminal activities. Whilst the term is also used regularly in the trade practices area, it is far less familiar in the context of corporate law.
By Martin Smith
The changes introduced under the Federal Government's Fair Work Bill 2008 (Cth) (the Bill), will take effect on 1 July 2009, with the exception of the national employment standards and modern awards which are projected to commence on 1 January 2010.
By Catherine Pulverman
A person does not have a caveatable interest unless he or she holds an instrument that may lead to an entry as registered proprietor of the property on the Register of Titles or unless he or she is claiming under a transaction that entitles him or her in the course of time to such an instrument.
By Robert Toth
In June 2008, the Parliamentary Joint Committee on Corporations and Financial Services commenced an inquiry into whether any amendments should be made to the Franchising Code of Conduct in order to raise the standard of conduct of participants in Australia's growing franchising sector.
By Martin Algie
On 12 November, the Australian Parliament passed the Trade Practices Amendment (Clarity in Pricing) Bill 2008.
By Robert Toth
Franchising has developed in Australia through well known international brands. Foreign Franchisors are looking to Australia and New Zealand as potential markets to expand their brand.