Christmas is around the corner, which means retailers are getting ready for the busiest period of the year. What better time for a quick refresher on some consumer law issues? Here are a few tips to make sure Santa (the Australian Competition & Consumer Commission) doesn’t bring you a lump of coal (an infringement notice).

Can you believe it’s the middle of August?!

We can’t either! Winter is nearly over (thankfully) but also there are only two months left to update your franchise disclosure document!

Published in the Health Law Bulletin June 2018 edition.

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

Every lease lawyer’s nightmare came true in this case. A long term lease is negotiated and many years later someone discovers an apparent error in the way the outgoings clause is drafted and therefore how the outgoings have been calculated and recovered for all those years. To make it worse, the lease is for the key department store tenant (Myer) in Australia’s premier shopping centre (Chadstone) - the stakes were high with about $20 million having been apparently undercharged.

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!

Key Takeaways:

• Insolvency legislation to create a safe harbour for directors from insolvent trading claims in certain circumstances has received royal assent.
• A director will be entitled to claim the protection of the safe harbour upon developing a course of action reasonably likely to lead to a better outcome.
• To utilise the safe harbour, a director should seek timely advice from an appropriately qualified professional.

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.