Blog

The Full Court of the Federal Court handed down a decision this year that has the potential to affect Business people who might not consider themselves involved in a franchise relationship. The decision also places in doubt the extent to which a Franchisor must go, when undertaking the process of issuing a disclosure document.  We believe that this process must be dictated by the particular circumstances of the

There are different laws which relate to different kinds of law suites. The procedure that needs to be followed in the early stages to prepare a response are however the same in all the courts. The Uniform Civil Procedure Rules set the procedural rules relating to most litigation, except for the Queensland Civil and Administrative Tribunal which is a much more relaxed jurisdiction. Our focus in this article are claims relating to a commercial disputes. Civil disputes can be brought in a number of different jurisdictions.  These kinds of disputes include:

Riba Business Lawyers Most people think that businesses have to register a business name.  They are not correct.  You can always trade using your own name or your company name and it is not necessary to separately register a business name. Of course there are some rules that must be followed if you chose to do this. Firstly you must trade using your full name.  In the case of company this means using all of the name of the company and this includes the end part of that name.  For example a company called The Groovy Herb Pty Ltd must in all documentation signage etc. include the whole of that name which means writing "Pty Ltd" on everything.

Riba Business Lawyers

Have you ever wondered whether licensing or franchising is the best model to grow your business?  Many people wanting to avoid the cost and regulation of franchising will consider licensing as an alternative. But is licensing your business model really an alternative to franchising? What is licensing anyway and what is the difference between a franchise and a licence?

Firstly you cannot convert a franchise to a licence simply by changing the name at the top of the document.  The label given to the arrangement has no influence over the legal effect of the arrangement.  Franchising is just a form of licensing.

Whether the relationship that you wish to establish is really a franchise or a licence can be determined only in one way.  The Franchising Code of Conduct defines certain arrangements as a franchise.  The code provides that if certain ingredients are present then a franchise exists.

Before explaining what a put and call option agreement is, we should firstly examine what a "contract" is.  In law a contract is formed when certain things happen. Two of the most important things that must happen is that there must be an offer by one party and an acceptance by the other.  Without this there is no contract.  There are other ingredients in a contract also such as:
  • intention to create a legal relationship
  • certainty of terms
  • consideration
For the purposes of this discussion the important two ingredients are:
  • offer and
  • acceptance
A put and call option agreement uses this basic contract law to ensure that a contract does not come into existence until some future time. This is a good example of how very old law can be used in innovative ways even today.