ByLawyers News and Updates

Franchise disclosure – FED

by

New franchise disclosure requirements apply from 1 April 2022.

A free online franchise disclosure register has been established. The new Part 5A to the Franchising Code of Conduct requires franchisors to upload key franchise systems data. This is intended to allow prospective franchisees to make more informed decisions.

Franchisors have until 14 November 2022 to supply the information. The particulars the franchisor is required to disclose include:

The obligation for franchise disclosure is ongoing. Franchisors must annually publish updated disclosure documents within four months of the end of their financial year.

Franchise disclosure data must be uploaded for at least 14 days before a franchisor can enter into a franchise agreement. Fines of up to 600 penalty units apply for non-compliance.

The By Lawyers commentary on Franchises has been updated. This useful resource can found in the Reference materials folder on the matter plans for both the Sale and Purchase of Business. This includes updated links to the new regulation clauses.

Register of Companion Animals – NSW

by


The next stage of the amendments to the Companion Animals Act 1998 has now commenced, including implementation details for the Register of Companion Animals.

Part 9 of the Act now sets out the details that are required to be kept for registered companion animals. It also provides for the access to the Register which will be allowed for the public, veterinarians, local authorities and other relevant agencies. The register will be available via the NSW Pet Registry website.

Public access is already available via the NSW Pet Registry and access for government departments, local authorities and vets is through the old NSW Companion Animals Register, which will be phased out by the end of 2018. Thereafter, access for government departments, local authorities and vets will also be via the new Register of Companion Animals, through the NSW Pet Registry site.

The By Lawyers commentary on companion animals, located in our Neighbourhood Disputes NSW publication, has been updated accordingly.

Personal Property Securities

by

Personal Property Securities

NOVEMBER 
  • The commentary has been updated to discuss transitional security interests and migrated security interests as the transitional period for migrated registrations ends 31 January 2017.
  • Costs Agreements – Reference to interstate costs laws added and updated interest clause
OCTOBER 
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • VIC/NSW -Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • WA – Added clause on scale fees.
AUGUST 
  • Costs Agreements have been added for Northern territory, and Tasmania.
APRIL 
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH 
  • New commentary added on disputing a registration, covering both the administrative process under the Personal Properties Securities Act 2009 and the judicial process. Associated precedent Amendment Demand and Amendment Statement also added to the matter plan
FEBRUARY
  • This matter plan has been reviewed and reorganized with a view towards a more intuitive approach.
  • All federal publications now include a costs agreement for the ACT.
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Connect with us