Archives for August 2017

Managing pre-contractual representations in franchising

The activities of franchisors and franchisees are strongly regulated by Franchising Code of Conduct.  However, the recent decision in Guirguis Pty Ltd & Ors v Michel’s Patisserie System Pty Ltd & Ors [2016] QDC 117 (Guirguis case) serves as a reminder of why franchisors should also take care in managing their pre-contractual representations to potential franchisees. [Read more…]

Restraining a former employee from using your client list

This article discusses the decision of the Federal Court of Australia in Prime Creative Media Pty Ltd v Vranjkovic [2009] FCA 1030 to grant an interlocutory injunction against a former employee (Vranjkovic), restraining her from using confidential client contact information obtained during the course of her employment.  While the parties agreed to settle the matter prior to the final hearing, this interlocutory proceeding provides an example of how a business should act quickly to restrain a former employee from using confidential information following termination of their employment. [Read more…]

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