Holman Webb is proud to announce that John Wakefield was awarded Australian Arbitrator of the Year in the Australasian Law Awards 2018.
Congratulations to Partner, Corinne Attard, who has once again been selected by Who’s Who Legal: Franchising as one of the pre-eminent leading franchise lawyers in Australia.
A little proof-reading goes a long way
The fairly dramatic facts surrounding the termination of a ‘Couriers Please’ franchise in a Victorian case last year shows the operational challenges of managing franchisees. It also illustrated one of the lesser used grounds of immediate termination of a franchise – on the basis that the franchisee is operating the franchised business in a way that endangers public health and safety (Clause 29(1)(f) Franchising Code of Conduct).
If you’re thinking of emulating Jamie Oliver and serving up your food ‘on a board’ you may want to think again!
This article was first published in the November 2017 issue of Governance Directions, the official journal of Governance Institute.
On 15 September 2017 the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 took effect. It makes important changes to the Fair Work Act 2009. These changes potentially affect all businesses but in particular those in franchising or licensing or distribution.
We all know someone who is addicted to Crossfit. Not surprisingly, with its rise in popularity those behind Crossfit have taken steps to protect the brand. This includes the registration of ‘CROSSFIT’ as a trade mark all over the world. In Australia, the word ‘CROSSFIT’ has three separate registrations in a number of different classes.
If you are looking to buy a franchised business which operates from any premises other than your home, you will need a lease. For retail businesses location is critical and it is likely your franchisor will control the negotiation process and require that either the lease be in its name with a sublease or licence granted to you, or allow the lease to be in your name but with some conditions attached.