The law around contracts will change on 9 November 2023 introducing large penalties of $50 million or more if you enter into a standard form contract which contains unfair contract terms. Use the following checklist to determine if this could apply to your contracts: 1.  Do you have the bargaining power relating to the transaction? 2.  Have you made another contract in similar terms and if so how many? 3.  Was the contract prepared by you before any discussion occurred betw...

You will recall that the Vulnerable Workers Legislation was introduced in 2017 to pass on the liability for employee underpayments to Franchisors. If a Franchisor was aware, or should have been aware, that a Franchisee had not paid its employees correctly then the Franchisor could be liable. The Fair Work Ombudsman (FWO) is prosecuting Bakers Delight.  This is only the 2nd instance of reliance on this legislation. In this case: the Franchisor audited the Franchisee in February 2019...

In September Elizabeth Gore-Jones will be presenting at the Legalwise seminar "Franchising Law: Navigating the New Regulatory Regimes" and will be considering the following:  Recent Case Law Overview and Disclosure Update Season 2023 What is new this update season Franchise Disclosure Register Key considerations for disclosure update this year Recent case law overview Presented by Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers; member, Franc...