ACCC Moves to Action in Targeting Compliance Breaches of the Franchising Code of Conduct
- June 1, 2017
- Angus Murray
- No comments
In Australia, franchises are required to comply with a strict compliance framework governed by the Franchising Code of Conduct (“the Code”). Failure to do so can lead to severe penalties for businesses of any size, as recently experienced by Ultra…
ACCC Has Unfair Contract Terms In Its Sights!
- April 5, 2017
- Denis Doyle
- No comments
The ACCC is currently conducting broad investigations over a number of different industries in relation to the recent ‘Unfair Contract Term’ laws which came into effect on 12 November 2016. The ACCC has stated that ensuring small businesses receive protection…
11 Important considerations for establishing a Franchise
- March 10, 2017
- Denis Doyle
- No comments
Australia has a very stringent regulatory framework for franchises, dominated by the Franchising Code of Conduct (“the Code”). There are severe penalties for breaching the Code, which underscore the critical importance of careful consideration and thorough planning when developing a…

‘TAKE IT OR LEAVE IT’ – UNFAIR CONTRACT TERMS INVOLVING SMALL BUSINESSES
- November 17, 2016
- Angus Murray
- No comments
Businesses, small and large, need to be aware starting 12 November 2016, that unfair contract protections given to consumers will extend to standard form small business (fewer than 20 employees) contracts. This is being instituted through the Treasury Legislation Amendment…

Corporate law – protecting the Director
- October 19, 2016
- swl-admin
- No comments
So you’ve invested years of your life into building the company up, often declining a salary, and often drawing on your personal capital to cash flow the company, and always being the first to arrive and last to leave work…so…

Protections for small businesses from unfair contract terms
- October 17, 2016
- swl-admin
- No comments
Starting from 12 November 2016 existing unfair contract term protections given to consumers will extend to standard form small business contracts. This change in protection has been long awaited by small businesses as it gives them the potential to significantly…

Apple v Samsung – if litigation is possible, then you have a duty to retain all records (and to remove any automated deletion systems).
- May 1, 2016
- swl-admin
- No comments
Apple filed suit against Samsung in several jurisdictions around the world, including Australia, last year claiming the South Korea-based company had ripped off some of the technology and designs that went into the iPad and iPhone. Samsung countersued, alleging Apple…

$1.1 Billion National Innovation and Science Agenda Reform
- April 29, 2016
- swl-admin
- No comments
Innovating Australia On 7 December 2015, Prime Minister Malcolm Turnbull unveiled the government’s $1.1 billion investment into the national innovation and science agenda reform. The reform is designed to reinvigorate Australian innovation and technology with the intention of fostering Australia as…

New Australian Copyright Rules
- April 29, 2016
- swl-admin
- No comments
A broken link for copyright The internet and the intricate nature of copyright law (both in Australia and internationally) often leads businesses astray when attempting to identify where their rights exist in relation to online content. This has particularly been…

Director Penalty Notices: All Directors Must Act Quickly
- April 29, 2016
- swl-admin
- 1 Comment
The Director Penalty Regime is a warning to company directors that being a director is serious business. Director Penalty Notices were introduced in 2012, and have been expanded since to cover unpaid PAYG, all outstanding superannuation guarantee charge liabilities, and…