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Including chapters on the areas of disclosure, good faith, and intellectual property, Buberis takes a comprehensive approach in exploring the Australian Franchising Code of Conduct's development through its consideration and enforcement by the Regulator and the courts.
This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.
Australian Export: A Guide to Law and Practice remains an ideal introduction and guide to the legal requirements and processes that affect international transactions, and their commercial implications. As global trade and overseas markets become increasingly important for Australian business, the need for a concise and accessible overview of relevant laws and procedures has never been greater. Australian Export meets this need with an emphasis on real-world considerations and practical solutions, underpinned by expert commentary on the law. This new edition has been thoroughly updated to reflect recent legal developments in Australia and internationally, and the coverage of many topics has been expanded. New examples and case studies have been added, and each chapter now includes key concepts and further reading to reinforce learning.
Take your small business to new heights Thinking about starting a new business? Searching for new ways to run your small business better? Whether you're starting your own business from scratch or looking to grow an existing venture, this easy-to-follow guide helps you reach your small business dreams. Covering everything from marketing and business planning to legal structures and building a positive online presence, this updated edition of the bestselling Small Business For Dummies is the essential guide no Australian or New Zealand small business owner should be without! Unfortunately, nearly half of small businesses in Australia and New Zealand fail within their first year of operation. But the good news is that with the right business acumen, the odds don't have to be stacked against you—and that's where this friendly guide helps! Inside, you'll discover how to develop a blueprint for success with a winning business plan, find your unique selling point and get it out to the masses, deliver on your customers' expectations, secure high rankings on search engines to get your website seen, recruit the best employees to build an unstoppable team and so much more. Includes dedicated chapters for retailers, manufacturers and wholesalers Covers the rules on superannuation, pay rates and OH&S Shows you how to market your business more effectively Guides you step-by-step through putting your business online Squash issues before they arise, pounce on opportunities the competition has missed and make your small business thrive with the help of Small Business For Dummies.
Secure your business success with this best-selling guide Thinking about starting a new business? Searching for ways to run your small business better? This essential reference covers everything any Australian or New Zealand small business needs to know, including vital topics such as business planning and franchising, budgeting and GST, marketing and online sales. Find out what works for you — decide whether to start from scratch, buy an existing business or purchase a franchise Build a business plan — develop a blueprint for business success with a winning business plan Develop a marketing strategy — find your unique selling point, build your brand and set sales goals Understand the importance of customer service — deliver beyond expectations, listen to customers and transform complaints into sales Ramp up your management skills — understand your legal obligations as an employer, recruit the best employees and build a great team Succeed online — develop a website, secure high rankings on the search engines and build online sales Keep your business profitable — understand Profit & Loss reports, manage profit margins and set budgets
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.
Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.
Franchising is one of the major engines of business expansion and job creation globally. The Handbook of Research on Franchising offers new insights into entrepreneurial behavior, organizational forms, regulation, internationalization, and other contemporary issues relating to this dynamic business strategy. The Handbook challenges both practitioners and scholars to give attention to the conclusions of scholarly research on this business model. Practitioners can benefit from the results of high quality scientific research, and scholars can find exciting opportunities for contributing to the body of knowledge of a subject that has not received sufficient attention in educational institutions.
ÔMark AbellÕs book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.Õ Ð Graham Cunningham, Barrister, Hardwicke Key features of this detailed and insightful work include: ¥ Practical analysis from a leading authority in the field of franchising. ¥ Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. ¥ Comparative legal analysis of the law of England, Germany, France, the US and Australia. ¥ Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. ¥ A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over Û215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.