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WHAT THESE UPDATES COVER | Prepared by Martin Algie
Special Offer - Contract Review
Issue 16 - January 2009
- ACCC sues Quintrex and Stacer Boats over pricing
- How do you rollout a new franchise agreement without it being unconscionable?
- Holden vindicated on it not consenting to dealership transfer
Issue 15 - September 2008
- Restraint of trade clauses and independent contractors may not mix
- Oobi Baby fined for preventing retailers selling on eBay
- Fair Dealings are required in franchise mediations
- When a franchisor cannot refuse consent to a transfer
- Don't think the ACCC will not prosecute third line forcing on packaged deals
Issue 14 - Franchising Special
- A failure to provide Disclosure Documents no longer invalidates Franchise Agreements
Issue 13 - June 2008
- When terminating a supply agreement is unconscionable
- Class actions possible in franchisor misleading and deceptive conduct cases
- Proposed changes to predatory pricing laws abandon small business
Issue 12 - May 2008
- Do your dealers have exclusivity?
- Challenge to owner/operator obligations in franchise fails
- Why can't eBay require buyers and sellers to use PayPal?
- Distribution laws set to become tighter
Issue 11 - April 2008
- Exercise caution when using supplier-provided promotional material
- Tougher rules on market sharing and other collective conduct coming
- Trends in franchise disputes
Issue 10 - March 2008
- Exercise caution when making profit estimates to franchisees
- ACCC concerns over JB Hi-Fi's entry into Ballarat
- Franchising Code tightened on 1 March
- Inadvertent franchisors risk prosecution
- Discrimination and harsh treatment by franchisor targeted
Issue 9 - February 2008
- Local distributors at risk over supplier provided promotional material
- Caution over voluntary industry codes
- The potential damages flowing from franchisors misleading franchisees
Issue 8 - December 2007 / January 2008
- Suppliers may be liable for claims made by distributors in their advertising
- Loyalty discounts questioned
- Navman fined $1.25 million for preventing retailers discounting
- Navman's compliance failure an accentuating factor
Issue 7 - November 2007
- Retailers cannot turn a blind eye on sunglasses
- TEAC fined $190,000 for preventing retailers advertising
- Third line forcing still on the radar
- Elmo is not up to standard
Issue 6 - October 2007
- ACCC Franchise Website launched
- The difficulty of dealing with dealers in financial trouble
- Distributors are not necessarily franchisees and, therefore, bound by Code requirements
- You cannot rely on trust with your manufacturer
- Changes to predatory pricing and unconscionable conduct provisions in the TPA substantially amended on 24 September
- How much do you need to spend to use "reasonable endeavours"
Issue 5 - September 2007
- A win for Senator Joyce may prove disastrous for business
- Excluding incidental or consequential damages unlawful
- Freedom for one party to amend contract may be unconscionable
- When you may be prevented from claiming on a letter of credit
- How can you get resellers to focus on features and not price?
- Controls over reseller advertising
Issue 4 - August 2007
- Failure to provide disclosure statement renders franchise agreement void
- Misled Quizno franchisees get refund of franchise fee
- Franchisors must inquire into the substance of breaches before terminating
- The ACCC produces updated Franchisee Manual
- Purchaser compensated for excessive repair costs on faulty goods
- Product liability for manufacturers
- Obligations to negotiate in good faith meaningless
- Preventing retailers selling on eBay could be illegal
- ACCC releases prestige goods pricing guidelines
Issue 3 - July 2007
- When is terminating a franchise agreement unconscionable?
- Reminder that suppliers cannot protect the "go price"
- Cricket Australia sunglasses withdrawn for Standards breach
- Implied warranty breached despite almost 20 years of faultless service
Issue 2 - June 2007
- When are your endeavours "best" or "reasonable"?
- Strategies for retaining retention of title rights
- Suppliers cannot rely on trivial breaches to terminate supply agreements
- Dealing with dealers that also sell counterfeit product
- What is a distributor's position if its supplier loses its right to supply?
Issue 1 - May 2007
- What if your contract fails to quite match previous discussions?
- Pricing of prestige - the pitfalls
- Franchisors at risk if they fail to provide recent disclosure documents
- Preparatory expenses recoverable even though no contract secured
