Top 10 Consultancy Services Headlines from Asia Pacific Following a 2005 PricewaterhouseCoopers study conducted for the Australian Local Government Association, a backlog of $14.5 billion in infrastructure renewals was identified. The ACCC has consistently stated that Franchisors cannot circumvent the Code by simply claiming that the agreement is not a franchise agreement. Franchisors have to operate their businesses within a complex, ever growing regulatory environment. The Federal Government is still considering the nature and extent of the changes necessary to the Franchising Code of Conduct. According to a recent study produced by global management consulting company, A.T. Kearney, India is the world’s most attractive retail destination after Russia, even ahead of China. Proportionate liability legislation, which was introduced across Australia in 2004 and 2005, is currently the subject of national review and imminent reform. The legislation is different in each jurisdiction, and its drafting has created many uncertainties as to how it works. Recent case law serves as a timely reminder that describing a business arrangement as a 'distribution agreement' or similar will not prevent a Court from finding on the facts that the parties' relationship is actually caught by the statutory definition of a 'franchise agreement'. Two Federal Government inquiries tabled their reports shortly prior to Christmas. Included in the recommendations were matters likely to attract the interest of many businesses. Pleading a claim correctly is important and courts will carefully consider such issues, even if it does not affect the ultimate result. | 
