by Rosie Madani | Jul 26, 2018 | Articles
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...
by Rosie Madani | Jul 26, 2018 | Articles
The Federal Court of Australia recently considered the ‘best interests and appropriate advice duties’ required of financial services licensees and providers, which form Part 7.7A of the Corporations Act 2001 (Cth) (the Act). The Australian Securities and Investments...
by Rosie Madani | Jul 26, 2018 | Articles
It is very common for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are not always annexed or attached to the actual agreement. The Federal Court has held that although a particular enterprise agreement...
by Rosie Madani | Mar 14, 2018 | Articles
Dealing with company officers Section 129 of the Corporations Act 2001 (Cth) provides that a third party is entitled to assume that the ‘representative’ with whom they are dealing is validly appointed and has authority to act and to perform the duties customarily...
by Rosie Madani | Mar 14, 2018 | Articles
This principle was tested in Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163. The facts In November 2012, Mr Anthony Loone entered an employment contract with national accounting firm, Crowe Horwath (Aust) Pty Ltd (Horwath) and was appointed Managing Principal of...
