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Joint Ventures in Franchising - Proceed with Caution

Created: Tuesday, 12 September 2017 11:16

It is becoming increasingly common to see franchisors using a joint venture model for their franchises. Specsavers is a well known example. A joint venture (JV) structure can have distinct benefits for the franchisor but it also comes with its own challenges.

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Residential Care Subsidies - Working It Out

Created: Monday, 24 July 2017 16:53

The underlying purpose of the Social Securities Act 1964 is to ensure that financial support is available to people who require it.  The availability of this support is subject to means testing, and the Act requires that "where appropriate they should use resources available to them before seeking financial support under this Act".  These resources may include assets held in trust.

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Casenote: Green Road Cattle Company Limited v Southead Holdings Limited

Created: Thursday, 20 July 2017 09:34

Even when the documentation entered into between parties appears clear and able to be interpreted precisely, when the parties end up in a dispute, it is always quite fascinating to see how the actions or words of one or the other of them can be interpreted differently depending on which side of the dispute you are sitting.

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The New Earthquake-prone Buildings Regime

Created: Monday, 17 July 2017 16:06

The Building (Earthquake-Prone Buildings) Amendment Act 2016 came into force on 1 July 2017. This Act makes changes to the Building Act 2004 and represents a new way for Territorial Authorities to deal with the identification and management of earthquake-prone buildings (EPBs). It aims to create consistency in how and when all Territorial Authorities deal with and provide the public with information about such buildings.

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Congratulations Freddy Faull

Created: Friday, 19 May 2017 17:26

We are proud to recognise Freddy Faull, the recipient of the Auckland Law School Brookfields Scholarship for 2017.

 

Freddy Faull

A Franchisor's Responsibility For Franchisee's Compliance With Employment Laws

Created: Friday, 19 May 2017 15:13

Several well known franchise systems have recently made headlines in Australia in relation to Franchisees who have committed breaches of employment laws by underpaying staff and wage fraud. This has resulted in the Turnbull government introducing the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 ("Aussie Bill"). This Bill provides that Franchisors will be held liable for workplace violations by their Franchisees if they have significant influence or control over the Franchisee; if they knew or should have known of the underpayments; and if they failed to take reasonable steps to prevent the violations. For many commentators, while there is a recognition that some things need to change, this is seen as a step too far and some have even gone as far as to say that this would be the end of franchising in Australia as they know it.

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