Franchises

Royal Commission into Misconduct in the Banking, Financial Services and Superannuation Industry

For Commonwealth Bank of Australia (Aussie Home Loans), briefed by Clayton Utz (from February 2018), in hearings into Consumer Lending and the conduct of fraudulent mortgage brokers and compliance with the responsible lending obligations in Ch 3 of the National Consumer Credit Protection Act 2009 (Cth).

>> Closing Submissions for Aussie Home Loans

>> Interim Report released 28 September 2018

The Royal Commissioner, former High Court of Australia Justice, the Hon. Kenneth Hayne AC QC, is due to deliver his Final Report in February 2019.

Royal Commission into Misconduct in the Banking, Financial Services and Superannuation Industry

ACCC v Husqvarna Australia (franchise arrangements)

For Husqvarna Australia, an outdoor power products subsidiary of Swedish manufacturer Husqvarna Group, assisting it obtain a speedy and satisfactory resolution of an Australian Competition and Consumer Commission investigation (instructed by Holman Webb).

>> On 29 August 2018, the ACCC accepted Husqvarna's Court Enforceable Undertaking noting the ACCC’s concerns Husqvarna’s “dealership agreements” may have contravened provisions of the Franchising Code of Conduct, and consequently s 51ACB of the Competition and Consumer Act 2010 (Cth), and made misleading representations in breach of ss 18 and 29(1)(m) of the Australian Consumer Law. Husqvarna cooperated with the ACCC’s investigation and has rewritten its dealership agreements to comply with the Code and the CCA. It has also undertaken not to enforce the terms in its existing agreements which the ACCC considered were likely to be unfair contract terms.