Legal Insights
Timely Reminder: Franchise Agreements, Joint Venture Agreements and Bullying
SHRL Ventures Pty Ltd v Pedro-X Pty Ltd [2026] QCA 119 is a timely reminder for parties operating franchises and joint ventures that bullying can constitute a breach of the provisions of these agreements. Further, the Court found that acts of bullying and non-attendance to the affairs of the business are attributable to the company, not just the party perpetrating the behaviour.
Set-Off Denied: Court Rules on Creditor's Claim in Metal Manufactures Pty Limited v Morton [2023] HCA 1
A creditor owed money in a liquidation is not entitled to set off that debt against any amount it is found to owe to the company under unfair preference provisions (and arguably other amounts payable to a company in liquidation which are recoverable pursuant to a liquidator’s statutory powers)