What Can Cheap Pizza Teach Us About Franchise Agreement Fine Print?

Written by rouse_admin on June 23, 2016

Cut Price Pizza – A Win For Franchisors

In a decision that will set an important precedent in the franchising industry, a class action by a group of disgruntled Pizza Hut franchisees against their Australian franchisor has failed.

The case highlights the importance for franchisees of fully understanding their rights and limitations before entering into a Franchise Agreement. It also points to the necessity for franchisors to be mindful of their good faith obligations towards franchisees.

In July 2014, Yum! Restaurants Australia Pty

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5 Things You Should Know About Copyright

Written by rouse_admin on May 9, 2016

One of our most common queries looks like this:

“My boss wanted some graphics for our website, so I searched on the internet and found something that fit. I couldn’t see a copyright notice, so I figured it was okay to use. Did I just break the law?”

What is Copyright?

It’s a word we all use, but how many of us actually know what copyright is? It’s one of those murky legal concepts, like “damages”, “trespass” or “ethical politician”. Here are the

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4 Key Rules for Your Franchise

Written by rouse_admin on May 9, 2016

We all tell white lies. From the innocuous ‘I loved that casserole’, to the relationship-saving ‘you look great in that dress’, everybody says things they don’t believe. But while this skill might be useful in everyday life, it’s an absolute no-go area in the franchise world. If you run a franchise, you have to be very careful about any statements you make to your franchisees, customers and to other interested parties in the franchise relationship.

Establishing a franchise is an exciting

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How to Spot a Franchise Agreement

Written by rouse_admin on March 31, 2016

If it looks like a duck, walks like a duck and quacks like a duck, then it probably is a duck.

In the recent appeal from a decision by a single Judge, the Supreme Court of New South Wales in Workplace Safety Australia v Simple OHS Solutions Pty Ltd [2015] NSWCA 84 was tasked with deciding whether a ‘Distribution Agreement’ between the parties was in fact a Franchise Agreement.

Workplace Safety Australia (“WSA”) provided online subscription packages to assist businesses with meeting

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Digital Security and the Australian Consumer Law

Written by rouse_admin on March 31, 2016

Digital security is a hot topic in the news right now. From celebrities to nation states, everybody has data they’d like to keep private. For software providers, that means having up-to-date security measures.

In Australia, software providers need to adhere to the Australian Consumer Law (ACL), which applies to all suppliers of goods and services to customers in Australia.

Privacy Law

Australian law requires businesses to secure the personal information of their clients and customers. Businesses must also protect this information from being

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5 Key Tips for Property Developers

Written by rouse_admin on March 30, 2016

It’s amazing how many apartment complexes have sprung up around Brisbane over the past few years! Here’s a few key things to remember for those looking to get into the game.

1. The Legislation

Like all good things in life, property is governed by an ungodly amount of legislation. For developers selling “off the plan” (selling an apartment before it’s built), the most important of these is the Body Corporate and Community Management Act 1997 QLD (‘BCCMA’). This Act covers, amongst other things, your

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4 Things to Consider After a Relationship Breakdown

Written by rouse_admin on March 1, 2016

Living arrangements, access to children and the division of property are usually the main priorities for people when a relationship breaks down. However, when going through a breakup, it’s not uncommon for important issues to be put on the backburner. If you’re not careful, this can lead to some unintended and catastrophic results.

Here’s 4 things you should bear in mind:

1. Enduring Power of Attorney (EPA)

Regardless of whether a separation actually occurs, it’s a good idea to have an enduring power

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Data Breach Notification Bill: Effects on Australian Businesses

Written by rouse_admin on January 14, 2016

Earlier this month, the government released a draft of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 (the Bill) for public comment. If the Bill is passed without major changes, it will have a significant impact on businesses in Australia.

Effect of the Bill if Passed

The Bill will apply to any businesses or agencies already subject to the Privacy Act 1998 (Cth).

If the Bill is passed through parliament, it will become legally mandatory for businesses or agencies to ‘notify

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The Innovation Package: Effects on Businesses, Investors and Start-Ups

Written by rouse_admin on January 2, 2016

The Federal Government has announced its plan to spend almost $1.1 billion over the next four years as part of a new “innovation package”.  The package aims to promote a significant increase in business-based development and growth Australia-wide.

Industry Minister Christopher Pyne has stated that the bulk of the innovation package will come into effect from July 2016.  The most relevant initiatives for existing businesses, investors and start-ups are identified below.

Bankruptcy and Insolvency

The period of bankruptcy will be reduced from three

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Personal Property: Register It or Risk Losing It – Owners Beware

Written by rouse_admin on August 14, 2013

Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors [2013] NSW SC 852 (the Maiden Civil Case)

The Supreme Court of NSW sends a clear message to owners of personal property to register their interest in the property or risk losing priority.

EXECUTIVE SUMMARY:

The Maiden Civil Case has considered the implications of perfecting an interest in personal property through registration,

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