Ten recommendations from the Senate Inquiry into franchising that had us scratching our heads
The Parliamentary Joint Committee on Corporations and Financial Services recently released its findings into the franchise sector.
Following extensive public hearings across Australia, hundreds of submissions, a High Court challenge and several extensions, the Parliamentary Joint Committee on Corporations and Financial Services recently released its findings into the franchise sector. There appears to be, at the core of many of the recommendations, a desire on the part of the Committee to alter the balance of power between franchisors and franchisees.
Given the evidence provided by many franchisees to the Committee this is to be expected and, in fact, may be a desirable outcome as it will remind the industry that its success is driven by the mutual success of all stakeholders in the relationship – including, franchisor, franchisee, landlord, financiers and suppliers. However, in looking to rebalance the franchisor-franchisee relationship, the Committee may have swung the pendulum too far, as what comes through the report is the need for franchisors to underwrite the success of franchisees and that if they do not do so and a franchisee fails, then the franchisor is implicitly at fault or has conducted themselves poorly or even unlawfully. Where this sentiment appears to have driven some of the recommendations in the report, then they are likely to be flawed.
Partners Shaun Temby and Greg Hipwell take a dive into 10 of the more contentious recommendations and provide insights into what could be done instead.
Federal Court dismisses Pfizer’s application for preliminary discovery regarding Sandoz’s etanercept biosimilar
By Ben Miller & Jenny Wong
Implications of the Federal Court’s dismissal of Pfizer’s application for preliminary discovery from Sandoz
Full Court dismisses Johnson & Johnson’s appeal against findings in pelvic mesh class action
By Angela Wood & Elizabeth Reed
Johnson & Johnson’s appeal in the representative class action regarding its transvaginal mesh products
Advertising therapeutic goods? Don’t forget about Australian Consumer Laws
By Angela Wood & Sophie Vo
Advertising and selling practices have rapidly evolved with the availability of digital platforms, such as social...
High Court of Australia adopts the doctrine of exhaustion of patent rights
By Ben Miller & Natasha Faigenbaum
We review the High Court’s decision to adopt the doctrine of patent exhaustion