10 Things Every Franchisor Should Know – Part 2

By Naomi Schulte • In Commercial LawComments Off on 10 Things Every Franchisor Should Know – Part 2

Further to Part 1 of “10 Things Every Franchisor Should Know”, franchisors should also be aware of the following 5 points in complying with the Franchising Code of Conduct: 6. RECORD KEEPING A Franchisor may be required to generate or publish certain documents such as disclosure documents and marketing fund

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10 Things Every Franchisor Should Know – Part 1

By Naomi Schulte • In Commercial LawComments Off on 10 Things Every Franchisor Should Know – Part 1

In Australia, the parties to a franchise agreement are legally obligated to comply with the Franchising Code of Conduct (“Code”).  The Code imposes many obligations on franchisors, of which are in addition to their broader obligations under the Competition and Consumer Act 2010 (“Act”). Franchisors should be aware of exactly

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Attention Commercial Landowners!

By Naomi Schulte • In Commercial LawComments Off on Attention Commercial Landowners!

Commercial building owners should be aware of their obligations under the energy efficiency disclosure regime that has been established by the Building Energy Efficiency Disclosure Act 2010 (Cth) (“Act”).  This regime provides that the energy efficiency of certain commercial buildings must be disclosed in a Building Energy Efficiency Certificate (“BEEC”).

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Lessor To Register Interests On PPSR

By Naomi Schulte • In Commercial LawComments Off on Lessor To Register Interests On PPSR

A recent Australian case has confirmed that if a lessor fails to register its interest on the PPSR over plant and equipment that remains at the leased premises, the lessor’s interest in the equipment can pass to the administrator of the lessee. In the 2016 case of Flown Pty Ltd v

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6 Reasons To Have a Shareholders’ Agreement

By Naomi Schulte • In Commercial LawComments Off on 6 Reasons To Have a Shareholders’ Agreement

A Shareholders’ Agreement is a contract between the shareholders of a company that regulates, amongst other things, the way in which business is conducted between shareholders. THE GRILL’D DISPUTE The recent case between the owners of Grill’d provides a real example of the importance of a company having a Shareholders’

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