2021 ACCC Priorities – Horticultural Code of Conduct
The Horticulture Code of Conduct is a mandatory industry code prescribed under the Competition and Consumer Act 2010, and we’re expecting increased enforcement activity from the Australian Competition and Consumer Commission (ACCC) in 2021 in line with ACCC’s continued concerns about the supply of perishable agriculture products and agricultural supply chain arrangements generally.
Subcontracting? – check your obligations
When we engage someone to perform a task, it is a common expectation that it will be that person or organisation who actually does the work. This is particularly the case for professional advice, consulting or areas of knowledge where the expertise of specific individuals is a key reason for entering into a contract for services.
Selling your business? – understand the PPSR
Are you thinking of selling your business? It will be a typical requirement that all assets you are selling are provided to the buyer free of encumbrances.
Unfair contract terms to become unlawful
The unfair contracts regime in the Australian Competition and Consumer Act has had a long and troubled history.
ASIC v King – Are you an “officer” of a company?
In this case, the High Court reiterated that a person can be deemed to be an “officer” of a company even if that person does not hold a position as a named ‘Director’ or ‘Secretary’.
Consumer Warranties – mandatory text for services
If you provide services to consumers and provide some form of warranty against defects you must adhere to some updated mandatory requirements of the Australian Consumer Law (ACL).
Can I terminate my contract?
The law has long recognised that a breach of certain types of obligations in a contract will entitle an innocent party to terminate that contract (and sue for damages).
Franchising Shake Up – Findings of the Parliamentary Committee’s Investigation of the Franchising Industry
The parliamentary committee charged with assessing the franchising industry released its scathing report on 14 March 2019 (report), which identified a “systematic exploitation of some franchisees by a subset of franchisors”.
Husqvarna in breach of the Franchising Code of Conduct
Husqvarna Australia (Husqvarna), a subsidiary of the Swedish Husqvarna Group, has recently signed an enforceable undertaking to the Australian Competition and Consumer Commission (ACCC) in relation to breaches of the Franchising Code of Conduct (Franchising Code), the Competition and Consumer Act (CCA) and the Australian Consumer Law (ACL).
ACCC Franchising Submission
The new Franchising Code of Conduct (FCC) regime commenced on 1 January 2015 with the aim of updating franchising laws in Australia, including assisting franchisees in positions of weaker bargaining power.