Heath Adams

Employment Law – Update – Increased Penalties for Employer Breach of the Fair Work Act

Introduction 1.   There has been much publicity recently concerning the 7 Eleven franchise system and its franchisee’s alleged underpayment of wages to employees. The coverage has been devastating for not only the Franchisor (for example the condemnation in the market place, resignation of key executives and the unquantified loss in brand value) but also …

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Franchising – Due Diligence Issues – Supplier Rebates

One of the important issues to consider when buying a franchise is the issue of Supplier Rebates. What is A Supplier Rebate? A “Supplier Rebate” is a payment or financial incentive whereby a supplier of goods or services returns a portion of a purchase price to a Buyer. What’s the Problem? Supply chain management is …

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Estate Planning Basics – Superannuation Proceeds Trust

With Superannuation forming a large part of the asset base of Australians, the passing of accumulated Superannuation Death Benefits (particularly when supplemented with any Life Insurance contained within a Super Fund) is becoming an important issue in terms of the Estate Planning for Australians. As noted in our previous up-dates, unless there is a Binding …

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Estate Planning Basics – Binding Death Benefit Nominations

  Superannuation is a fundamental component of the retirement planning of all working Australians. One aspect of Superannuation that must be considered is what happens to your Superannuation Benefits in the event of death. If you think that your Will (if you have a Will) determines who receives your Superannuation upon death then this is …

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Unfair Contract Terms – What Does It Mean?

In our last article about “unfair contract terms and small business” we set out the new unfair contract regime that will apply to business to business contracts (B2B) from November 2016.  The question though will be what is an unfair contract term? how do you identify an unfair contract term? and once identified, what do …

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Due Diligence For Small Business – When Buying A Franchise

What is due diligence? Doing your “homework”, “doing a bit of research” or “no idea whatsoever” are various descriptors of due diligence by participants in the SME space[1]. This paper adopts a definition of due diligence as set out in a recent Due Diligence Survey.[2]

Unfair Contract Terms – Small Business & Franchise Agreements

Under the Australian Consumer Laws (the “ACL”) there are laws prohibiting unfair contract terms in consumer contracts.  From November 2016, the unfair contract regime will now extend to small business contracts. A “small business contract” is where the contract has the following features: The amount payable under the contract is less than upfront $300,000 or $1,000,000 …

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"What is a Franchise Agreement?" – A reminder after Workplace Safety Australia v Simple OHS Solutions Pty Limited

I often receive calls from new clients seeking advice as to how they can expand their business.  Of those, I am often asked whether their plans may be a franchise. Often, there is a fear or concern about establishing a franchise given the perceived difficulties and regulation surrounding franchising in Australia.

New Franchising Code of Conduct from 1 January 2015

From 1 January 2015, the current Franchising Code of Conduct (called the “Code”) will be repealed and replaced with a new Code. The Code was first enacted in 1998 as a mandatory Industry Code. The purpose of the Code is to regulate the conduct of participants in the franchise sector. The Code applies to franchise …

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Good Faith in Franchising

From 2006-2013 there have been multiple government enquiries at a State and Federal level into franchising. Again in 2013 a Federal enquiry is currently taking place into, among other things, good faith in franchising.

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