Posted by Elizabeth Gore-Jones
on 13 December 2016
Does your franchise agreement (or any commercial agreement for that matter) have an automatic renewal provision?
If you answered yes, then you may find yourself in the sights of the ACCC!
Last year the ACCC were successful in their action against Chrisco Hampers Australia Pty Limited where automatic renewal terms were held to be unfair.
It seems people were not keen to receive their Christmas hampers year after year.
These laws now apply to standard form business-to-busines...
Posted by Elizabeth Gore-Jones
on 11 November 2016
If a contract is entered into with a small business from 12 November, 2016 it will be subject to the new unfair contract terms laws.
If you generated the contract, we recommend you do the following:
1. where possible enter into meaningful negotiations with small business (this may take the contract out of the new regime); and/or
2. change potentially unfair clauses so, if a court rules they are unfair, you have a "second best" fall back position to rely upon within you...
Posted by Elizabeth Gore-Jones
on 20 October 2016
"The ACCC has made it an enforcement priority to ensure small businesses receive the protections of industry codes of conduct, including the Franchising Code."
This is a direct quote of ACCC Deputy Chair, Dr Michael Schaper when commenting on proceedings the ACCC has recently issued seeking penalties under the (not so) new Franchising Code of Conduct.
If that isn't motivation enough to make sure franchisors are compliant with the Code then I don't know what is.
...
