This article has been updated.

The Franchise Code is regulated by the ACCC who investigate potential breaches of the Code and prosecute infringements. A significant judgment in relation to the Franchise Code was handed down in January 2019 by Bromwich J in the Federal Court in ACCC v Ultra Tune Australia Pty Ltd [2019] FCA 12 (ACCC v Ultra Tune).

This was the catch line of Gerald “Jerry” Maguire. It is also a phrase that could be applied to those making a claim under performance security. Whether the money has to be shown or not is often a matter of fact and degree and sometimes requires determination by the Courts.

Napoleon, Arrium, RCR Tomlinson (and don’t forget Max Brenner) – with companies continuing to tumble into external administration, it is more important than ever to ensure your PPS registration is correct.

But what if you notice an error in your registration after it’s been registered? Can you correct your registration and still maintain your priority?

When a racing company disputed the validity of the sale of its racing contract and the rights attached to it, the NSW Court of Appeal  provided guidance as to what information corporate entities must disclose during a tender process (Sanpoint Pty Limited v V8 Supercars Holding Pty Limited [2019] NSWCA 5).