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Our legal experts will keep you up to date on all relevant and current developments.

What is the Legal Status of Retail and Commercial Leases during COVID-19?

A wide range of articles and government announcements have been published concerning the status of retail and commercial leases in the wake of the government mandated restrictions on trade and business operations that have come about as a response to the evolving COVID-19 crisis.  

Despite this, many tenants, especially commercial tenants who were not subject to the Retail Leases Act 1994 (NSW), were still uncertain as to what these announcements meant for them.

These uncertainties have now been removed in New South Wales, through the proclamation of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW), which apply from 24 April 2020 until 24 October 2020.


7 Factors for Franchisors and Franchisees to Consider During the COVID-19 Pandemic
Monday 6 April 2020 / by Daniel Jepson posted in Franchising & Retail COVID-19

Australia’s Franchising industry has been far from immune to the already significant impacts of the COVID-19 Pandemic.  In fact, franchises in the food and retail sector are likely to be amongst some of the hardest hit by the economic impact. 


Holman Webb Assists in Planet Fitness Australian Expansion
Monday 18 November 2019 / by Corinne Attard posted in Franchising & Retail

Holman Webb is pleased to relay the firm's successful involvement in the recently announced Australian expansion of Planet Fitness® ('PF'), one of the largest and fastest-growing franchisors and operators of fitness centers in the United States.


Ultra Tune v ACCC - Round II
Wednesday 25 September 2019 / by Corinne Attard posted in Franchising & Retail

Readers may recall that in January 2019, Ultra Tune Australia was hit by the Federal Court with a massive penalty of $2.6 million for breaches of the Franchising Code of Conduct - with this penalty including $1.1 million for breaches of disclosure obligations. Holman Webb previously reported on this matter.


What Just Eat's merger with Takeaway.com means for Australia's restaurant sector
Wednesday 28 August 2019 / by Corinne Attard posted in Franchising & Retail

UK-based online food order and delivery company Just Eat, and Dutch rival Takeaway.com have agreed to proceed with consolidation, creating one of the largest delivery companies in the world outside of China.


Monday 5 August 2019 / by Corinne Attard posted in Business, Corporate & Commercial Franchising & Retail

Now that we are well into August, it is crucial for franchisors to be aware that there are just three months remaining before the deadline for franchise disclosure documents to be finalised (31 October 2019).  Franchisors should similarly note that there are now only 2 months left to get your vote organised and finalised in relation to the auditing of your marketing fund, if you have one.


Genuine Demolitions: Landlords 2, Tenants Nil
Thursday 4 April 2019 / by Corinne Attard posted in Franchising & Retail Property

2019 has started with a couple of very significant cases in the retail leasing division of NCAT (NSW Civil and Administrative Tribunal) – both of which have gone the landlord’s way and delivered some unfortunate news for tenants in New South Wales.


Holman Webb Lawyers Named in Best Lawyers List for 2020
Monday 25 March 2019 / by Holman Webb posted in Dispute Resolution Franchising & Retail Insurance Holman Webb News

We are pleased to announce our sector focussed leading lawyers have been recognised in the 2020 Best Lawyers in Australia list as published in the Australian Financial Review.


ACCC v Ultra Tune Australia: Another Nail in the Coffin of Franchise Marketing Funds?
Friday 15 February 2019 / by Corinne Attard posted in Franchising & Retail

The news headlines are shouting about the ground breaking penalty of $2.6 million imposed on the auto repair franchisor Ultra Tune Australia, by the Federal Court last month, in the case of Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12.  Of that amount, $1.1 million was imposed for breaches of disclosure obligations under the Franchising Code of Conduct, including about $900,000 specifically arising from breaches of the obligations relating to accounting and disclosing of marketing funds. 


Consumer Law Tips for Retailers: Staying on the ‘Nice’ List This Christmas

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).


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