{"id":11850,"date":"2019-06-25T14:14:14","date_gmt":"2019-06-25T04:14:14","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=11850"},"modified":"2019-06-25T14:14:14","modified_gmt":"2019-06-25T04:14:14","slug":"australian-business-law-review-update-vol-47-pt-2","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2019\/06\/25\/australian-business-law-review-update-vol-47-pt-2\/","title":{"rendered":"Australian Business Law Review update: Vol 47 Pt 2"},"content":{"rendered":"

*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF <\/strong>at the bottom of this post.<\/p>\n

To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or\u00c2\u00a0+61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n

The latest issue of the Australian Business Law Review <\/em>(Volume 47 Part 2) contains the following material:<\/p>\n

EDITORIAL<\/a> \u00e2\u20ac\u201c General Editor: Michael Terceiro<\/em><\/p>\n

Articles<\/h3>\n

Selling Printed Goods or Facilitating Printing Gigs: The Redbubble Puzzle<\/strong><\/em><\/a> \u00e2\u20ac\u201c David J Brennan<\/p>\n

The distinction between agreements to sell goods and agreements to provide the service of making goods has long troubled the law. Recently the issue has arisen afresh in the context of copyright litigation concerning an online marketplace conducted by the Australian company, Redbubble. Since mid-2012 Redbubble\u00e2\u20ac\u2122s contractual terms have attempted to shift Redbubble from being involved in selling printed goods to it doing no more than facilitating printing gigs. This article considers Redbubble\u00e2\u20ac\u2122s business model in Australian law and to what extent it might nonetheless implicate the possibility of liability under s 38 of the Copyright Act 1968 <\/em>(Cth) \u00e2\u20ac\u201c that is, dealing in articles with knowledge that their making constituted infringement. To do so, an overview of the terms under which Redbubble purports to arrange transactions is provided, as well as an explanation as to how Anglo-Australian law has evolved to distinguish agreements to sell future goods from agreements for services. The article deploys that analysis to suggest that Redbubble is an agent in the formation of an agreement to sell future goods by description. The article concludes by reconsidering as a matter of public policy Redbubble\u00e2\u20ac\u2122s potential for liability under s 38 of the Copyright Act 1968<\/em>.<\/p>\n

The 2018 Review of the Franchising Code of Conduct: Epicentre of a Year of Scrutiny for Australian Franchising<\/strong><\/em><\/a> \u00e2\u20ac\u201c Jenny Buchan<\/p>\n

At least 17 parliamentary inquiries have been conducted into business format franchising in Australia since the mid-1970s. This article identifies issues raised by stakeholders through the 2018 inquiry conducted by the Parliamentary Joint Committee on Corporations and Financial Services. The matters raised range from specific concerns such as the effectiveness of pre-contract disclosure and transparency of the marketing fund spend, to generic issues such as the challenge of achieving meaningful input into policy from franchisees. In its 2019 report \u00e2\u20ac\u0153Fairness in Franchising\u00e2\u20ac\u009d, the Committee made 71 recommendations. These range from small drafting tweaks, to game-changing responses like recommending registration of franchise documents and proposing that the Australian Securities and Investments Commission take a proactive role in monitoring franchisors\u00e2\u20ac\u2122 corporate governance.<\/p>\n

Confessions of an Earnest Regulator<\/strong><\/em><\/a> \u00e2\u20ac\u201c Michael T Schaper<\/p>\n

The workings of one of the nation\u00e2\u20ac\u2122s most influential economic regulators are revealed to a newcomer.<\/p>\n

COMPETITION LAW AND MARKET REGULATION<\/a> \u00e2\u20ac\u201c Editor: Professor Brent Fisse<\/em><\/p>\n