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On 20 October 2011, the Small Business Commissioner Bill 2011 was passed, creating controversial and unprecedented powers for the South Australian Small Business Commissioner (SBC).
Under the new provisions, the...
14 November 2011
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Categorised In: Franchising, Corporate & Commercial
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A common misconception among franchisees is that they will own or have the rights to their franchise business forever. However, a franchise agreement will almost always specify a particular term, for example, five or 10...
20 June 2011
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Categorised In: Franchising
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In response to the recent parliamentary inquiries concerning franchising and unconscionable conduct, the Federal Government has amended the Franchising Code of Conduct (Code). These changes took effect on 1 July 2010....
13 July 2010
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Categorised In: Franchising
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The Tax Agent Services Act 2009 (Act) commenced on 1 March 2010.
This Act requires all tax agents must be registered with the Tax Practitioners Board.
Franchisors who provide franchisees with assistance in relation to...
05 March 2010
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Categorised In: Franchising
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In November 2009 the Minister for Competition Policy and Consumer Affairs, Craig Emerson, established an expert panel to examine various issues concerning unconscionable conduct in franchising.
The panel’s report...
05 March 2010
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Categorised In: Franchising
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Over the weekend of 12 and 13 September 2009, Cooper Grace Ward was proud to host the Legal Advice Centre at the 2009 Brisbane Franchising Expo.
The Expo offered a perfect platform for the Australian franchising...
09 October 2009
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Categorised In: Franchising
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Intellectual Property is Key
Franchising offers many advantages for business owners. The success of a franchised business depends upon information sharing between franchisor and franchisee and the protection of both...
23 May 2009
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Categorised In: Franchising
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Have you been considering the options for your business and want to know what would be involved in the process of franchising?
Please refer to our article “What is a Franchise” if you would like more...
07 May 2009
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Categorised In: Franchising
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Things you need to consider
Buying a franchised business can be overwhelming, particularly given the amount of documents you will be provided with and asked to sign at the outset of your operations.
Given that these...
07 May 2009
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Categorised In: Franchising
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Franchise systems are thought by many to be financially bullet proof and lower risk than one-off independent businesses. However, the recent collapse of many big name franchisors, Traveland, Strathfield, Midas,...
06 May 2009
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Categorised In: Franchising
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Many franchise agreements contain provisions in relation to marketing and co operative funds.
Marketing and co-operative funds are funds (marketing funds) in which franchisees contribute money which is used to drive...
21 April 2009
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Categorised In: Franchising
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Definition of a franchise
A franchise arrangement provides one party with the right to carry on a business in Australia under a marketing plan which is substantially controlled by another party.
Put more simply, a...
15 April 2009
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Categorised In: Franchising
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Background
Allphones, the telecommunications franchisor, has been involved in ongoing litigation with the Australian Competition and Consumer Commission which alleges that Allphones engaged in unconscionable and...
31 March 2009
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Categorised In: Franchising
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Last week, the federal Government unveiled the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, and with it signalled a renewed focus on tackling cartel behaviour in corporate Australia....
03 November 2008
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Categorised In: Franchising
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The franchising industry has waited with baited breath for the outcome of the High Court appeal in Master of Education Services Pty Limited v Ketchell.
Background
Section 51AD of the Trade Practices Act 1974 (Cth)...
09 October 2008
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Categorised In: Franchising