By Professor Bryan Horrigan Report Co-Author Louis Waller Chair of ...

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Why Another Public Inquiry? Previous Cth/State inquiries Pre-inquiry Government decisions Correlative regulatory reform (eg ACL) and changed regulatoryenforcement landscape (eg enhanced blend of Cth/State regulators) Some proposed ACL reforms already affect statutoryunconscionable conduct (eg non-court regulatory powers, penaltiesfor unconscionable conduct) Importance of TPA and FCC to big/small business regulation Emerging research on the franchising sector and its relevantindustry components (eg motor trades, petrol, retail leasing, foodfranchises etc)4
Focus and Conduct of The Inquiry Framing the Terms of Reference Panel members (David Lieberman, Ray Steinwall, Bryan Horrigan) Working with two federal government departments (Treasury andDIISR) Internal government impact assessments and stakeholderconsultations Unconscionable conduct + 5 problematic franchising behaviours –connections Public issues paper + public submissions (including some lawyergroups) Panel consultations (eg ACCC, and ACCC’s Franchising advisorygroup) Importance of relevant legal and non-legal representative groups Confidential governmental and non-governmental submissions5
Page 2 and 3: Overview Lead-up to the Panel’s i
Page 6 and 7: Unconscionability Relates to … Va
Page 8 and 9: Unconscionability Under TPA s51AA &
Page 10 and 11: Unconscionability Under TPA s51AB &
Page 12 and 13: Unconscionability under TPA s51AB &
Page 14 and 15: Full Fed Ct in ACCC v Samton Holdin
Page 16 and 17: ACCC v CG Berbatis Holdings Pty Ltd
Page 18 and 19: Recommendation on Examples ‘In ma
Page 20 and 21: Recommendation of Principles of Int
Page 22 and 23: Five Identified Franchising Behavio
Page 24 and 25: Other Franchising Matters Additiona
Page 26 and 27: Some Lessons for Lawyers in All Arm

By Professor Bryan Horrigan Report Co-Author Louis Waller Chair of ...

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