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The Franchising Code of Conduct (the Code) sunset date is 1 April 2025 which means the Code then ceases to exist and will then not be legally enforceable after 27 years in operation since its establishment in 1988. The Code provides a framework for fairness in franchising for both parties and address the power imbalance between franchisors and franchisees. The government appointed Dr Michael Schaper to undertake an independent review of the Code on 15 August 2023 and the report was released 8 February 2024 by the Minister for Small ...

When a Landlord fails to investigate a defect This was a very recent case considered by the Court of Appeal’s decision just two weeks ago in Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46 (26 March 2024). The question arose of whether a tenant can terminate a lease if the Landlord has breached its repair covenant. Most default and termination clauses in leases only allow the Landlord to terminate the lease for a tenant’s breach, not the other way around.  It is more difficult for a tenant to terminate a ...

What is a caveatable interest? A caveat may be placed on a property to prevent anyone else registering a dealing with that property. They are used to protect interests in land and ‘give notice’ to the world of this interest. However, before lodging a caveat, the individual must ensure that they have a caveatable interest. What are some grounds to lodge a caveat over land? Caveats are often used in the following situations: To secure a party’s interest, for example, when parties have contributed jointly to the property’s ...

The beginning of November 2023 saw Nike file lawsuits in the Federal courts of Massachusetts and Los Angeles against Skechers and New Balance for the improper use of Nike’s patented Flyknit technology intended for running, football and basketball shoes. On their website, Nike provides a simple definition of their Flyknit technology as ‘a material made up of strong yet lightweight strands of yarn that have been woven into a one-piece upper, securing an athlete’s foot to the shoe platform’. Without sounding like an advertise...

Written by Brittany Brancatella | Solicitor On 17 January 2024, His Honour Justice Black of the Supreme Court of New South Wales handed down his judgement in the matter of Munja Bakehouse Pty Ltd [2024] NSWSC 6. This case is typical of what can be described a “commercial divorce” between directors and shareholders, where there has been an irreparable breakdown of their relationship. The parties in this proceeding were shareholders and directors of two companies, Munja Bakehouse Pty Ltd, which operated a gluten free bakery business...