A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The obligation of good faith is reflected in the Franchising Code of Conduct which sets…

An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article, we look at some common misconceptions about Wills and estate planning and dispel…

Lawyers are often stereotyped as being interested in prolonging an expensive Court action, more often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships with their clients will often recommend alternative dispute…

Since the early 1970’s buying and operating a franchise business has become an increasingly popular way for many Australians to own and operate their own business. Initially franchising in Australia almost always involved a foreign parent company or brand. However, today the majority of franchise businesses operated in Australia are home grown. Just as the…

The Victorian Court of Appeal recently revisited the enforceability of restraint clauses in employment contracts. Just Group Limited (ACN 096 911 410) v Nicole Peck [2016] VSCA 334 considered an appeal from a Supreme Court decision (Just Group Limited v Peck [2016] VSC 614) which determined Ms Peck, a former employee of Just Group Limited…

Most of us appreciate the importance of making a Will and having an estate plan that sets out how we would like to provide for our loved ones when we die. If, like many Australians, you belong to a blended family, there are additional considerations when planning your estate. Most typical will be ensuring that…

Starting a business requires careful planning and consideration. A failure to allow for unforeseen events or for ways to resolve future disagreements could put your new venture at considerable risk.

An estate plan involves more than signing a Will and storing it in a ‘safe place’. Estate planning requires a holistic approach in consideration of a person’s present circumstances and foreseeable future. A plan needs to consider who matters, what you have now, what you may have in years to come, and what your final…

A case involving Jordan Latham, an aspiring rugby league player and his employer, the Manly Warringah Sea Eagles (“Manly”), may seem like an odd place to start when discussing whether Australian Courts will go behind the written terms of an agreement or chain of correspondence to consider the intentions of the parties, but it is…

Employees have a duty of confidentiality and good faith to their employers and employers have a right to ensure that company information is not misused or wrongfully disclosed. But what happens when a company’s information is ‘stolen’ and ends up in the hands of a competitor? The unauthorised disclosure of confidential information or sharing of…