Mercedes Benz Dealerships Appeal Fails

Written by Robert Toth What this decision means not only for auto dealers, but for Franchisors generally. Almost all Mercedes Benz dealers in Australia launched an appeal against a Federal Court judgement in August 2023 which dismissed a class action claim against Mercedes-Benz Germany. The case ran for approximately 7 weeks in court in 2022 […]

Home Services – Taking Care of Business

Written by Robert Toth, featured in the Business Franchise Magazine https://www.businessfranchiseaustralia.com.au/ Do you remember that great song “Takin’ Care of Business” written by the Canadian rock group Bachman -Turner Overdrive (BTO) for their 1973 album? Maybe this is showing my age! The song was about a recording technician who would take the 8:15 a.m. train […]

Home Services – Taking Care of Business

Written by Robert Toth, featured in the Business Franchise Magazine https://www.businessfranchiseaustralia.com.au/   Do you remember that great song “Takin’ Care of Business” written by the Canadian rock group Bachman -Turner Overdrive (BTO) for their 1973 album? Maybe this is showing my age! The song was about a recording technician who would take the 8:15 a.m. […]

Franchisor Alert – Underpayment of Franchisee’s Employees!

Written by Robert Toth and Randima Perera 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. A recent case by the Federal Court – Fair Work Ombudsman v 85 Degrees Coffee Australia […]

Franchise Review – What’s in store in 2024/2025

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 […]

Lodging a Caveat Improperly

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 […]

Unraveling the Nike Flyknit Technology Dispute

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 […]

2024 Property Tax Changes in Victoria: What You Need to Know

The Victorian government has recently introduced significant new property taxes for Victorian property owners. It is even more important to now get specialist advice and Sanicki Lawyers can assist you to navigate these changes. What’s changed? Land Tax – From 1 January 2024, vendors are prohibited from adjusting a land tax liability in contracts with […]