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Fairness in Franchising – Franchising Taskforce Releases Regulation Impact Statement

Following on from the Issues Paper issued by the Franchising Taskforce in August, the Franchising Taskforce released a Regulation Impact Statement (RIS) on 11 November, which will assist the Franchising Taskforce in making recommendations to Government regarding reforms to the franchising sector. The Taskforce and is inviting submissions by 6 December 2019. The Franchising Taskforce […]

Service of a creditor’s statutory demand – the importance of serving at the registered office maintained by ASIC

The recent decision of Mills Oakley v Asset HQ Australia Pty Ltd [2019] VSC 98 highlights the need for strict compliance when serving a creditor’s statutory demand on the registered office of a company. The Court considered whether a creditor’s statutory demand, with an error in the registered address of the company, was served in accordance with […]

Liquidator’s application to obtain greater role in managed investment scheme winding up

In LM Investment Management Limited v Whyte [2019] QSC 233, the Supreme Court of Queensland considered an application by a Liquidator to: replace the court-appointed Receiver in the winding up of a managed investment scheme as well as for a complex remuneration and costs regime to be put in place; and to access the scheme property in […]

Liquidator’s remuneration from trust assets – the next instalment

In LM Investment Management Limited & Anor Whyte [2019] QSC 245, the Supreme Court of Queensland considered an application by the Liquidator of LM Investment Management Limited (LM), for payment of some or all of his remuneration from trust property. The trust property comprised by a number of registered investment schemes, including the LM First Mortgage Income […]

Draft Privacy Safeguard Guidelines for Consumer Data Right Released

What is the Consumer Data Right? The new Consumer Data Right (CDR) will take effect in February 2020, first in the banking sector then later in the telecommunications and energy sectors. The Government’s objective is to promote competition, choice and innovation. For example, it should become easier for a consumer to change banks because they […]

Trade promotions update | gift offers: what you need to know

Here is an overview of what permits are required for gift offers, Trade promotions update | gift offers: what you need to know. Are permits required? In some cases, yes. Permits may be required if there is any chance that a consumer will miss out on receiving a gift. It will all depend on […]

Are your part-timers really part-timers? Another reason it’s time for a compliance check!

There is no more important time than now for employers to ensure they know and effectively manage the correct legal categorisation of their workforce and the attendant entitlements and obligations. Casuals, contractors and now part-timers have all been the flavour of the month for the Fair Work Ombudsman (FWO). Luxottica Retail Australia Pty Ltd, trading […]

Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

Fine Dining Room or Dining Room Fined?

At the moment, we have a perfect storm of Australian culture and the economy making for headlines. There is an extensive focus on food and fine dining spilling over to reality television shows and the cult of the celebrity chef generating pages of newspapers, magazines and hours of television. This has also involved a competitive […]

Ill or injured employees: when is termination ‘valid’?

In the recent decision of Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364 (13 September 2019) the Fair Work Commission (Commission) has determined that an employee who was dismissed by her employer, Sigma Healthcare (Sigma), after she sustained an injury outside of work and could no longer perform the inherent requirements her job, […]

Use of electronic signatures: reinforcing the need for a clear understanding

Following on from our previous e-update on the use of electronic signatures, the recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (the Pickard Case) confirms our earlier comments that it would be preferable for a company to execute a Deed using a wet-ink signature. […]

Send it to the right person: the importance of accurate notices terminating options

In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd,[1] the Supreme Court of Victoria held that a notice purportedly terminating an option to purchase 20 units in a trust for $2.3M was invalid. This was because it was not addressed in accordance with the contract. Instead of being addressed to the company care of its lawyers, […]