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WNA Blog Home » Legal Matters Articles

Franchising & Employee Rights – Be Aware and Prepared!

February 13, 2018 | Simone Pentis

Fair Work seem to have been very busy over the last few months undertaking audits of various businesses operating across a wide range of industries, as well as commencing investigations and taking legal action where they believe employee rights are not being met. Therefore, if you are not already aware of your employment obligations you […]



Clarity Around Trademark Rights and Domain Names

January 12, 2018 | Binh Rey

Domain names and trademarks are a contentious area of law. The association of a domain name with a business trademark isn’t always guaranteed, and there is a misguided assumption that having a domain name gives rights to its use. As it turns out, the issue of domain names and trademark rights is more complex than […]



NY Resolution – Review & Refresh: It’s a New Year for Franchising!

January 10, 2018 | Simone Pentis

Given that the last few years have seen many changes to the franchising industry, with greater regulations and higher penalties now in play, it is arguably more important than ever to make it your new year’s resolution to take some time out of your standard day to day operations, to review and refresh for 2018. […]



Taking a Redline Through Contracts – Courts start enforcing the unfair terms regime

December 12, 2017 | Simone Pentis

In November 2016 the unfair terms laws regime came into play affecting small business contracts, including most franchise agreements and many other standard contracts used within a franchise network. While the courts have yet to test any franchise related standard contracts against this new regime, the Federal Court have recently declare eight specific terms in […]



Joint Liability and Increased Penalties – Now in Play for Franchising!

October 2, 2017 | Simone Pentis

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“FWAA”) has now come into effect, materially impacting the Franchising Industry (and possibly extending to those in the licensing industry), with the main impact being that: there are now higher penalties for serious contraventions of workplace laws and record keeping breaches; and from 27 October 2016, […]



Get Ready – It’s Annual Update Time!

September 1, 2017 | Simone Pentis

Given that most franchise systems within Australia follow the standard Australian Financial Year of 1 July to 30 June, we are fast approaching the expiry of the 4 month period, Franchisors have from the end of their last Financial Year to have updated their Disclosure Document. Additionally, for those Franchisors with marketing/co-operative funds, they must […]



As Your Life Changes, So Should Your Will!

August 14, 2017 | Katherine Hawes

Most Australians are surely well aware that everyone needs a Will to make sure their wishes are carried out after they pass away. But did you know that creating a Will is not something that you can simply tick off your to-do list? There are many life events that necessitate an update to a person’s […]



Processes and Systems – Are they working to keep you on the good side of the ACCC.

August 3, 2017 | Simone Pentis

Half way through the year and the ACCC are definitely keeping active in the Franchise sector. Following on from our prior blog dealing with the ACCC’s infringement notice against the Domino’s Franchisor, the ACCC has since taken action against the Franchisor of Ultra Tunes and the Franchisor of Geowash. While both of these franchise systems are […]



Working from Home – The Legal Issues

July 12, 2017 | Katherine Hawes

Australians are loving the greater freedom that working from home offers. With the growing influence of the internet and improvements in technology, its easy to understand why this working arrangement has become more and more popular. In fact, ABS data released in August 2016 reveals that almost one-third of all employed people regularly work from […]



News Update – Get Prepared the ACCC are Taking Action

July 6, 2017 | Simone Pentis

Earlier this year in May, the Australian Competition and Consumer Commission (“ACCC”) issued its first infringement notices for alleged breaches under Australia’s updated Franchising Code of Conduct (“Code”) that resulted in civil penalties being paid by a Franchisor.  What this means for Franchisors is that the ACCC are ready to take action, and under the […]