In a recent ruling that should galvanise franchisors across Australia to pursue greater oversight of their franchisees’ payroll practices and to intervene more actively as necessary, the Federal Court has dismissed an appeal by a major franchise network against a finding of liability for underpayments by one of its outlets by the Fair Work Ombudsman [...]
A shareholders’ agreement is a binding contract that regulates the rights and obligations of shareholders. Such agreements establish rules governing the operation of companies and how specific events must be conducted. Unlike the replaceable rules or a constitution required by the Corporations Act 2001 (Cth), shareholders’ agreements are not compulsory. However, upon incorporation, or when [...]
Often the first fundamental question a lawyer will ask when requested to prepare documentation for a sale of a business is: Are you conducting an Asset or a Share sale? Whilst for the most part this is a fairly straightforward consideration, oftentimes buyers and sellers will not fully understand the fundamental advantages and disadvantages of [...]
There are significant changes coming to the franchising industry. New regulations and a re-drafted Franchising Code of Conduct are set to begin from 1 April 2025. The Franchising Code of Conduct (the Code) aims to ensure fairness in the franchising sector by addressing potential issues resulting from the power imbalance between franchisors and franchisees. Both [...]
