ACCC

Contempt of Court – Lessons from Ultratune’s $1.5 million fine for contempt

Contempt of Court – Lessons from Ultratune’s $1.5 million fine for contempt

In an previous article discussing the ACCC’s enforcement priorities for 2024-25, we noted that the Australian Competition and Consumer Commission (ACCC) has continued to monitor strict compliance with small business codes of conduct, including the Franchising Code of Conduct (Franchising Code).

 

In particular, the ACCC had pursued UltraTune, for contempt of Court when Ultratune failed to comply with orders made by the court requiring Ultratune to take specific actions. On 28 January 2025, UltraTune’s appeal was dismissed by the Full Federal Court.

 

UltraTune’s story serves as an important reminder to ensure active monitoring of business’ compliance with all the obligations including those imposed on them by the law or court order and those that they might voluntarily agree to undertake.

Mergers and Acquisitions Reform

Mergers and Acquisitions Reform

2025 will see the biggest changes to Australia’s Mergers and Acquisitions regulatory landscape for a considerable time. On 10 December 2024, the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 received Royal Assent resulting in a shift from a voluntary informal review scheme to a mandatory administrative review process. This is a clear statement to focus on protecting competition through merger control.

Collective bargaining for franchisees: how to negotiate better terms together without raising competition concerns

Collective bargaining for franchisees: how to negotiate better terms together without raising competition concerns

Collective bargaining presents on its face an attractive option for franchisees. By joining forces and splitting negotiating costs, franchisees may be able to use collective power to strengthen their bargaining position and negotiate more favourable outcomes with their franchisor.

Franchising Update: Franchisor liable for Franchisee non payments of employee entitlements - Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd

Franchising Update: Franchisor liable for Franchisee non payments of employee entitlements - Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd

On 4 June 2024 the Federal Court of Australia handed down the decision of Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA. This decision resulted in the Fair Work Ombudsman penalising the Australian franchisor of the 85 Degrees brand $1.44 million for its “systemic failure to ensure compliance within its franchise network” which included underpayments at several of their Sydney franchisee outlets.

ACCC Enforcement and Compliance Priorities for 2024-25: What this means for franchises

ACCC Enforcement and Compliance Priorities for 2024-25: What this means for franchises

The ACCC has announced its enforcement and compliance priorities for 2024-2025. This article explores what this may mean for franchises.

ACCC Report on Unfair Contract Terms, Case Update and Franchising Review Report Summary Findings and Recommendation

ACCC Report on Unfair Contract Terms, Case Update and Franchising Review Report Summary Findings and Recommendation

This update replicates a legal update provided to the Franchise Council of Australia’s February breakfast at Kooyong Lawn Tennis Club.