How to minimise your risks as a franchisee

Written by rouse_admin on October 26, 2016

Entering into a Franchise Agreement is a long-term commitment, and making wrong decisions can affect your bank balance, health and your relationships.

Before you sign on the dotted line, here’s some important steps you can take to minimise your risk.

Don’t rush

It’s a good idea to think strongly about whether you want to run a franchised business. Remember that in a franchise, you must follow the rules laid down by the franchisor. These can be strict, and you might find yourself dealing

Continue Reading

Foreign Resident Withholding Tax – The Facts

Written by rouse_admin on October 10, 2016

Foreign Resident Withholding Tax – Practical Effects

The general thrust of the new foreign resident withholding tax regime is to require a purchaser to withhold 10% of the purchase price on acquisitions from foreign vendors of real property (real estate), or shares in a company that holds real estate.
However, the rules apply to all transactions involving real property and shares in companies, even if between two residents, unless steps are taken to fit within an exclusion.

Key elements of the new regime

Continue Reading

Franchisee? Here’s What You Need To Know Before Signing A Lease

Written by rouse_admin on September 29, 2016

What You Need To Know About Signing A Lease

A lease is a legally binding agreement to pay specific fees for a set term. Just like franchise agreements, are governed by the Franchising Code of Conduct (Code), leases have their own guidelines.

In Queensland, businesses that are retail in nature and/or situated in a retail shopping centre are subject to the Retail Shop Leases Act 1994 (RSLA). There is similar legislation in other states and territories.

Before signing a lease, there are some

Continue Reading

It’s that time of the year again – Disclosure Document updates

Written by rouse_admin on September 29, 2016

Well, it’s that time of year again! If you’re a franchisor, it’s time to update your disclosure documents. You’ll need to have finished this within 4 months of the end of your financial year. This includes preparation of financial reports for the financial year. For franchisors whose financial year ends on 30 June, you have until 31 October to finalise your reports and disclosure documents.

Updating your documents is an important part of running a franchise system and is mandatory under

Continue Reading

Here’s What The 2016 Budget Means For You And Your Business.

Written by rouse_admin on September 28, 2016

2016 Budget Pointers

The passing of each federal budget is of interest to those of us that practice in the tax structuring sphere. We will be keenly conscious of changes that may impact upon strategies that have been used previously and looking for opportunities for the implementation of new strategies.


Business Taxes

Small business entity turnover threshold increase
1 July 2016
** Threshold will be increased from $2m to $10m for small business income tax concessions, with the exception of the small business CGT concessions

Continue Reading

Have You Heard About Pending Changes To The Retail Shop Leases Act?

Written by rouse_admin on August 31, 2016
Shop Leases

How Will Pending Changes To The Retail Shop Leases Act Affect Your Business?

In November 2016 some important changes to the Retail Shop Leases Act 1994 (Qld) (the Act) will take effect, impacting on both tenants and landlords.

When is a retail lease legally entered into?

According to commercial law in Australia, a retail lease is legally considered ‘entered into’ on the earlier of two important dates: the date the lease becomes binding on the parties, or when the tenant takes possession of

Continue Reading

What Employers Need To Know About Unfair Dismissal

Written by rouse_admin on August 26, 2016
Unfair Dismissal

Employer Tips: How To Minimise Or Prevent Unfair Dismissal Claims

In 2015, the Fair Work Commission reported close to 15,000 applications were lodged for unfair dismissal.
There are a number of simple steps we find are often overlooked by employers that can minimise or prevent unfair dismissal claims.

1. Clear pre-employment communication

From the outset, employers need to be clear about what is expected from their employees. Coherent and unambiguous employment agreements are vital. In conjunction with an employment agreement, any relevant policies and

Continue Reading

Restraint of Trade – Employment Contracts

Written by rouse_admin on August 7, 2016

Restraint of trade clauses in employment contracts are critical to protecting legitimate business interests of an employer after an employee is terminated.

For many businesses, the enforceability of a restraint of trade clause in an employment contract is extremely significant, particularly where an employee moves to a competitor or starts their own business. Restraint of trade clauses are enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business interests of the employer, and this is assessed

Continue Reading

What Does Without Prejudice Communication Mean?

Written by rouse_admin on August 3, 2016
Prejudice Communication

What Does Without Prejudice Communication Mean?

There may be no other legal phrase that is more misunderstood and abused, by bush and city lawyers alike, than the phrase “without prejudice”. Even where parties are not actively resolving a dispute, it is not unusual to see emails or letters emblazoned with the words “without prejudice”, usually in all-caps, perhaps even underlined and in bold for good measure.

Some common misconceptions about the phrase “without prejudice” include:

1. The phrase must be written in capitals

Continue Reading

What The 7-Eleven Scandal Means For Franchisees In Australia

Written by rouse_admin on August 1, 2016
Franchise Australia

For Franchisors: What Are My HR Responsibilities To Franchisee Employees In Australia?

The employee underpayment scandal and subsequent investigation by the Fair Work Ombudsman into retail convenience chain 7-Eleven has prompted the franchise industry to scrutinise the responsibilities franchisors owe to franchisee employees in Australia.

Are franchisors responsible for the actions of franchisees?

Under the Franchising Code of Conduct and under the typical franchise agreement, franchisors are not responsible for the actions of franchisees towards their employees. Franchisors and franchisees are legally and

Continue Reading