Blog

Ever heard a sweeping statement about contract law, and been not quite sure if it was true? We’re here to help. Here’s a list of some common misconceptions about contracts that we hear all the time at Sanicki. 1. A contract has to be in writing Contrary to popular belief, contracts don’t have to be written to be legally binding. They can be made orally, via text messages, or even through conduct, as long as some basic elements are satisfied:  Offer and Acceptance: One party must make an offer, and the other party ...

Introduction While Eminem’s music, including iconic tracks like “Lose Yourself” and “Without Me,” is widely known and celebrated globally, few are aware of the complex legal battle surrounding the royalties from these songs. This legal conflict involved streaming giant Spotify and Eight Mile Style (“EMS”), Eminem’s co-publisher and copyright holder of 242 of his compositions. After five years of litigation, the case concluded on 15 August 2024, with Spotify successfully defending itself against claims of copyright ...

News broke on 17 September that Miley Cyrus—former incognito pop-star for Disney Channel turned Grammy-winning solo artist—is being sued. The dispute concerns similarities between Cyrus’ chart-topping song Flowers and Bruno Mars’ 2013 hit When I Was Your Man. The lawsuit was filed in Los Angeles’ federal court on 16 September by music rights investment firm Tempo Music—purchasers of a share of rights in Mars’ When I Was Your Man.  Who is involved in the suit? The defendants named in the lawsuit include Cyrus, her co...

On 8 February 2024, Dr Michael Schaeper reviewed the Franchising Code of Conduct (“Code”) and put forward his report (“Report”) to the Federal Government. The last review of the Code was undertaken by Mr Alan Wein in 2013. This review was aimed to take stock of the status of the franchise regime. Dr Schaeper made several recommendations as follows:➢ That the Code be reviewed and have a clear statement of purpose.➢ The 2021 changes relating to termination under clause 29 of the Code be revisited and “best practice” ...

Franchisors should be aware of this recent case where a Franchisor was fined a sum of $1.44 million by the Fair Work Ombudsman (FWO) for underpayments by their franchisees to their employees. What happened? A recent case by the Federal Court – Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA found the franchisor liable for their franchisees’ failure to pay its employees. The FWO case was that nine employees of eight 85 Degrees franchisees in Sydney in 2019 were underpaid a total of $32,231.00. The FWO ackno...