http://franchiseesforum.com/forums/58 News & developments in the Franchising Industry that you will find interesting & helpful. ]]> en-us Copyright 2006, Kickapps feeds@kickapps.com (FeedMaster) webmaster@kickapps.com (WebMaster) Wed, 07 Dec 2005 10:16:45 GMT Thu, 11 Sep 2008 14:43:38 GMT Kickapps Feeds 1.0 http://blogs.law.harvard.edu/tech/rss 60 {pics-1.1 "http://www.icra.org/ratingsv02.html" l gen true for "http://kickapps.com" r (nz 1 vz 1 lz 1 oz 1 cz 1 ) "http://www.rsac.org/ratingsv01.html" l gen true for "http://kickapps.com" r (n 0 s 0 v 0 l 0 )) Search Domain q http://kickapps.com/search/direct/ http://franchiseesforum.com/topic/398/t/A-C-C-C-INSTITUTES-PROCEEDINGS-AGAINST-SEAL-A-FRIDGE-PTY-LTD.html
The ACCC alleges that Seal-A-Fridge engaged in unconscionable conduct towards its franchisees in contravention of section 51AC of the Trade Practices Act 1974.
The ACCC also alleges that Seal-A-Fridge failed to comply with the Franchising Code of Conduct, which amounts to a contravention of section 51AD of the Act.
The ACCC alleges that Mr Rooney was knowingly concerned in the contraventions.

Seal-A-Fridge is the franchisor of a mobile refrigeration seal replacement business which is run by franchisees located around Australia.

The ACCC alleges that Seal-A-Fridge engaged in conduct which was, in all the circumstances, unconscionable within the meaning of section 51AC of the Act including:
• unreasonably withholding consent to the transfer of franchises
•... ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/398 Wed, 23 Jul 2008 15:04:53 PST http://franchiseesforum.com/topic/389/t/Bakers-Delight-NOT-being-pursued-by-ACCC.html For a more complete report see Bakers Delight franchise off the ACCC hook ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/389 Thu, 24 Apr 2008 12:00:32 PST http://franchiseesforum.com/topic/385/t/Video-Ezy-appears---keeping---technology-changes--keeping--f.html
We're delighted to see that Video Ezy appears to be "on top of it", and will be introducing a product delivery method which is more in keeping with where technology is headed.

The header of the news report is as follows: "Video Ezy, one of Australia's largest movie rental franchises, has selected Ireland's DigiSoft.tv's IPTV delivery platform and set top box middleware to enable the delivery of the Video Ezy Electronic Video Rental service, which will be rolled out in Video Ezy and Blockbuster stores in A/NZ."

For a full report click here

Comments by any franchisees in the DVD rental business? Let's hear about it. ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/385 Wed, 16 Apr 2008 10:11:20 PST http://franchiseesforum.com/topic/384/t/Allphones-Another-case-of-misleading-deceptive-conduct-.html

These extracts below from the ACCC News Release dated 27 march 2008.

The ACCC has commenced proceedings in the Federal Court in Sydney against Allphones Retail Pty Limited.
The ACCC alleges that, in operating this franchise system, Allphones failed to comply with Franchising Code of Conduct and engaged in misleading and deceptive conduct and unconscionable conduct towards its franchisees in contravention of sections 51AC, 51AD, 52 and 59 of the Trade Practices Act 1974.

What's Section 51AC?

It applies to conduct which is, 'in all the circumstances, unconscionable'. It sets out several factors the court can consider in deciding whether conduct was unconscionable. They include, but are not limited to:

• the relative bargaining... ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/384 Mon, 07 Apr 2008 13:59:52 PST http://franchiseesforum.com/topic/382/t/Imagine-Services-made-misleading-representations-.html These are some extracts from a News Release by the ACCC.



The Australian Competition and Consumer Commission obtained orders by consent

yesterday in the Federal Court at Melbourne against Imagine Essential Services

Limited and its founder and former Chief Executive Officer, Mr Richard Evans*, for

breaches of the Trade Practices Act 1974.



The ACCC alleged Imagine made misleading representations in connection with the

sale of licences to operate a system involving agreements which Imagine claimed to

have negotiated with essential service suppliers (such as telephony, electricity).



Under Imagine's system, licensees would approach businesses with a view to having

them take the purported benefit of Imagine's agreements to obtain the claimed

savings (earning commissions when businesses signed up). Small business people

invested... ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/382 Tue, 01 Apr 2008 07:38:08 PST http://franchiseesforum.com/topic/374/t/Franchisors-raising-money--fight-franchisees---High-Court-.html
This may prove to be a massive problem for franchisors. The Franchise Council of Australia have made a submission in support of the application for leave to appeal. Why? Because they (FCA) don't agree with the Supreme Court finding that a technical breach of the type in question should necessarily invalidate the whole agreement.

Watch this space .... ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/374 Wed, 27 Feb 2008 13:10:04 PST http://franchiseesforum.com/topic/372/t/Franchising-Code-of-Conduct-Amendments-March-08.html Note: these are incomplete & are summarized, and must not be relied on as definitive. They are not. The detailed provisions must be studied):

1. The franchisor must provide a copy of the franchise agreement in the form it is to be executed.
2. The franchisor must give the franchisee a copy (as well as a summary) of the different agreements that the franchisee is required to enter into under the franchise agreement (if applicable).
3. The franchisor must disclose any materially relevant facts (such as certain court proceedings) to the franchisee in writing etc.
4. A long-form disclosure document must disclose the name of any business (not previously required) that will provide a rebate or financial benefit... ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/372 Tue, 12 Feb 2008 13:54:28 PST http://franchiseesforum.com/topic/371/t/Major-Franchise-Brands-Accused.html More than 30 disgruntled former franchisees from Bakers Delight, Lenard's Chicken, Midas, Michel's Patisserie, Hungry Jacks and Howard's Storage World have joined forces to take on the franchise chains. See the complete article at Major Franchise Brands Accused ]]> feeds@kickapps.com (Micmarcmm) http://franchiseesforum.com/topic/371 Mon, 11 Feb 2008 16:44:23 PST