Ben Coogan

Franchise Council of Australia’s National Franchise Convention – Legal Symposium 2013 – case update

Ben Coogan

24 October 2013

Franchising

We were invited to present at this year’s Franchise Council of Australia’s (FCA) National Franchise Convention Legal Symposium on the Gold Coast across a range of different areas.  One of our topics was the all important “Case Update” in which I had a speaking role. I decided to discuss just two court decisions which had been delivered since my co-presentation case update at the last FCA conference in Canberra in October 2012. Click here to view our paper.

 

In summary, my paper discusses the decision in St Leger Investments Pty Ltd v True Blue James Pty Ltd & Anor[1] of the Federal Circuit Court of Australia in Melbourne delivered on 24 June 2013 which dealt with allegations of failure to comply with the Franchising Code of Conduct’s disclosure obligations and allegations of misleading or deceptive conduct.

 

My paper then discusses the decision of the Supreme Court of the Northern Territory delivered on 21 June 2013 in Henderson & Ors v Purairclean Pty Ltd & Anor[2]. This case deals with allegations of misleading or deceptive conduct, failure to comply with the Franchising Code of Conduct and breaches of contract.



[1] [2013] FCCA 601

[2] [2013] NTSC 29