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Franchising Senate Committee Report Recommendations

On the 14th of March 2019, the Parliamentary Joint Committee on Corporations and Financial Services issued its long-awaited Report into the operation and effectiveness of the Franchising Code of Conduct. Since the last inquiry into franchising was conducted in 2008, the Committee indicated that it is no longer the case of there being “a few bad eggs”, but rather, that the problems in franchising are systemic.

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Due Diligence: The best investment you can make prior to buying a franchise

Too often, Coleman Greig sees franchisees bypass the vital task of conducting their own due diligence prior to buying a franchise on the basis that it is too expensive, or that it delays the sign-up process.  Instead of viewing due diligence as an expense to the business, franchisees should view the process as an investment, as it provides critical knowledge required to make calculated decisions.

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Western Sydney’s Aerotropolis set to change the face of retail leasing

As we draw closer to the construction of Sydney’s second airport, Coleman Greig has continued to pay close attention to what will eventually become of the 11,200 hectares known as the Badgerys Creek Aerotropolis.  One point obvious at present is that this upcoming residential and business hub is set to change the face of retail leasing within the Western Sydney region.

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Should I Mediate or Litigate my Dispute?

The uncertainty of litigation can be frustrating – as it is impossible to guarantee just what will happen, how long the case will take or how much it will cost.  Mediation, on the other hand, is an alternative dispute resolution process with the potential to resolve disputes quickly, affordably and with limited stress for the parties involved.  

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PPSA: Correcting Errors and Extending Time

Since the Personal Property Securities Act 2009, creditors have looked to perfect their security interests by registering them on the PPSR. Here’s what you should consider when it comes to PPSA registrations.

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Opal Tower Building Defects: Avoiding the Blame Game

With commercial construction work increasing by over 9% in 2018, the industry is one of Australia’s largest growing sectors.  With this rapid growth, and the rate at which building is undertaken, we are bound to see a rise in building defect claims over the coming years.

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Defining ‘Digital Assets’ – Where are we up to?

Whilst we know that there are no laws dealing directly with the accessing or transferring of a person’s digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.

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Is Your PPSR Registration About to Expire?

With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.

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Divorce agreement. Wife and husband can not make settlement

I have separated – do I need to go to court?

Unfortunately, sometimes matters ending up in the Family Court is inevitable.  Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle.  However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.  

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Separated families: the do’s and don’ts of international travel

If you are a divorcee and your children don’t have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child’s safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.

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To file or not to file Initiating Proceedings with the Family Court?

Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice.  To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.

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Senior woman and adult son wearing face mask at airport in fear of coronavirus and travel ban and international trips cancellations for disease control and prevention of COVID 19 outbreak pandemic.

Ready to depart? Think again. International Travel where Court Orders are in place

With end of year holidays almost with us, many families have started to make plans for international travel.  For parties to a divorce who share custody of their children, it is crucial to take into consideration whether or not there are court orders in place that might stand in the way of international travel plans, if these plans are set to include the children.

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Rental agreement

Conveyancing Legislation Amendment Bill 2018 – Faster Settlements for Agents, Landlords and Tenants

The Electronic Transactions Regulations restrict the electronic witnessing of documents, meaning that unfortunately, going completely paperless must wait – and in turn, so must real estate agents, landlords and tenants looking to finalise their property deeds in a timely manner.  The State Government has already recognised that this legislation is becoming obsolete, and as a result, the Conveyancing Legislation Amendment Bill 2018 (NSW) was recently introduced in State Parliament.

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Is an Inheritance Received Post Separation ‘Safe’?

Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won’t be taken into account in relation to the family law matter, although this is false.

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End of Year Leasing Health Check for Franchise Tenancies

It’s that time of year again, where many of us start to wind down (or in some cases, wind up prior to the Christmas deadlines) and start thinking about whether our house is in order.  As such, Coleman Greig would like to remind you of some of the common pitfalls that we often see in our leasing practice, particularly within the world of franchising. 

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Franchising vs Licensing: Making the Right Choice for Your Business

With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.

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