Proposed reform of the Franchising Code of Conduct

April 2014 Background The Franchising Code of Conduct (Code) is a mandatory code that is prescribed under the Competition and Consumer Act 2010 for the purpose of the conduct of franchisors and franchisees, largely by requiring franchisors to disclose specific facts to franchisees and to follow set procedures in their dealings with franchisees. The Australian…

Tax Avoidance – New Part IVA Rules

Bushra Tariq – July 2013 New anti-avoidance rules came into operation on 29 June 2013 and are applicable in relation to tax arrangements that commenced on or after 16 November 2012, being the date on which the draft legislation was released for public comment. The general anti-avoidance provisions contained in Part IVA of the Income…

Employee or Contractor? Know the difference

Ben McPherson – October 2013 Determining whether a worker is an employee or contractor can be a difficult task. However, the distinction is critical. The law treats each relationship differently and if business owners get it wrong the consequences can be expensive. The incorrect classification of workers can (and has) led to unfair dismissal claims,…

Structures

We have expertise in advising on the appropriate business structure for clients and in the transfer of assets from one structure to another. If you need assistance with establishing a business structure or you require advice about reviewing your existing business structure, we can help. Every business is unique and has its own particular needs…

Lux case: consumer law and unconscionable conduct

In the recent case of Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 (Lux), the Federal Court provides valuable guidance on the meaning of unconscionable conduct under the Australian Consumer Law. This decision has been hailed as a “significant decision” by ACCC Chairman, Rod Sims, and is likely to have…

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