Articles


DOUBLE TAKE- NEW PRIVACY LAWS AND THE IMPACT ON YOUR BUSINESS

Have you set aside time to look at how your business manages privacy?

New changes to the Privacy Act 1988 (Cth) have come into effect as of 12th of March, 2014 which introduce a new set of privacy principles …

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ONGOING OBLIGATIONS

There are almost 10,000 franchise brands across the globe and international franchising is growing. With over 73,000 franchise units in Australia, an annual turnover in the order of $131 billion dollars and employing more than 413,500 people there is no …

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FRANCHISING AND THE LAW

Franchising, as a business model, has proven to be enormously successful across the globe and particularly in Australia where, according to a recent Griffith University study, we have witnessed net growth in franchise systems of 15 percent since 2010. Some …

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TRADE MARKS MUST DISTINGUISH YOUR GOODS AND SERVICES

Selecting the wrong trade mark may not only have implications for the success of your business. You may also find yourself having trouble adequately protecting it against infringements from competitors.

A trade mark may be your most valuable marketing tool …

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THE NEW FOOD STANDARD

Food Standard Australia New Zealand (“FSANZ”) has developed a new Food Standard 1.2.7 (“the New Food Standard”) regulating nutrition content and health claims on food packaging and in food advertising. The New Food Standard became law on 18 January 2013.…

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IS YOUR CONFIDENTIAL INFORMATION AND BUSINESS DATABASE SAFE?

Running a business can be time consuming, not to mention the many hours it takes to create and collect information which forms your business know-how and the customers which allows your business to thrive.

But what happens when you discover …

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ADEQUATE FRANCHISEE TRAINING IS CRITICAL

Evaluating Your Franchise Training Program: Four Essentials to Ensure Your Franchise Will Provide Adequate Support

We all know that launching a new franchisee into your network is a huge undertaking and providing adequate training, business development and marketing support for …

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GOING GLOBAL- A GUIDE TO FOREIGN FRANCHISING

It is through franchising that some of the world’s largest and best-known brands have achieved international success. Such success is generally attributed to the export of franchise systems across the globe with foreign-based franchisors encountering a business climate open to …

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EXCLUSIVE DEALING AND OBLIGATIONS

If you are a franchisee and you are obligated to purchase products and services from the franchisor, or a particular supplier nominated by the franchisor, you should be aware of the legal concept of ‘exclusive dealing’ and how it impacts

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DISCLOSURE DOCUMENT UPDATES- ITS TIME

In accordance with the Franchising Code of Conduct (Code), Franchisors are required
to update their Disclosure Documents within 4 months of the end of financial
year. This means your Disclosure Document must be updated by 31 October
2013.

We recommend …

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SUPREME COURT OF NEW SOUTH WALES CONFIRMS IMPORTANCE OF PPSA REGISTRATION

On 27 June 2013, the Supreme Court of New South Wales has delivered a significant judgment confirming the importance of registration under the Personal Property Security Act 2009 (PPSA) and the serious consequences that failure of registration has.[1]

THE

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BLEND OR BUY? KEY CONSIDERATIONS FOR MERGERS & ACQUISITIONS

Mickey Mouse and Nemo became corporate cousins in 2006 when Walt Disney acquired Pixar, led by Apple founder Steve Jobs for $7.4 billion. The motivation for the merger was clear to all – there was a strong synergy in their …

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ACCC COMMENCES PROCEEDINGS AGAINST TAX FRANCHISE AND JOINS EMPLOYEE TO THE PROCEEDINGS

The Australian Competition and Consumer Commission (ACCC) recently launched proceedings against TaxSmart Group and its associated entities alleging false, misleading or deceptive conduct in respect to its dealings with its franchisees.

It is alleged that the group induced recently graduated …

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FRANCHISING CODE REVIEW

With great anticipation the franchise community has received a balanced and well informed review of the current franchise climate and regulations governing franchising in Australia following numerous petitions to State governments over the adequacy of regulations.

A report has been …

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LEGAL ISSUES IN FRANCHISING

Franchising has had its fair share of critics in the past. However, its franchising that provides opportunity and empowers small businesses by delivering the most viable model for competition with entrenched corporate groups. The appeal of franchising is well recognised. …

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INTELLECTUAL PROPERTY IN FRANCHISING- WHAT IS IT & WHY DOES IT MATTER?

At its core franchising is the most effective way of exploiting Intellectual Property (IP). It is a sophisticated form of licensing rights for the franchisee’s use of the IP in accordance with the franchisors’ methods, generally known as the ‘System’.…

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AUSTRALIAN WINNEBAGO REBRANDED

In 1978, the first Australian Winnebago Motorhome rolled off the production line. However, today the well known RV manufacturing company Winnebago Australia has changed its name to Avida Motorhomes, following a Federal Court ruling that Winnebago Australia ‘hijacked’ the ‘Winnebago’ …

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APPLE CAN’T ALWAYS HAVE THE CAKE AND EAT IT TOO…

According to reports, Brazilian copyright regulators will officially strip Apple of the ‘iPhone’ trademark on Wednesday, following a decision by the Brazilian Institute of Intellectual Property.

Why? IGB Electronica, a Brazilian consumer electronics company which manufactures its own iPhone, registered …

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DEALING WITH EMERGING FRANCHISE SYSTEMS

There is a view that sometimes new is better than old, but is that true when looking at emerging or mature franchise networks? The Griffith University’s Franchising Australia 2012 survey has shown that Australia is developing three new franchise systems …

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FRANCHISE SITES AND TERRITORIES

Location, location, location. It’s of course as important in relation to franchise outlets as it is in relation to real estate more generally. Not surprisingly the quality of the location of a franchise system’s outlets is a significant factor in …

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FRANCHISORS AND SUPPLIERS BEWARE: THE PERSONAL PROPERTY SECURITIES ACT IS A WOLF IN SHEEP’S CLOTHING!

Little comment in commercial circles has occurred in relation to the Personal Property Securities Act 2009.  Some companies know in a general sense that this Act is about to come into force, but few understand the practical implications of the …

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FITNESS GYM COPYRIGHT WIN

In late 2010 a dispute arose between the Phonographic Performance Company of Australia Ltd (PPCA) and the fitness industry (represented by Fitness Australia Ltd) over the price of playing music during exercise classes.

A large part of PPCA’s case was …

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