Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_4
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 135660–138032

4  Litigation
 4.1 Details of:
 (a) current proceedings by a public agency, criminal or civil proceedings or arbitration, relevant to the franchise, against the franchisor, a franchisor director, an associate of the franchisor or a director of an associate of the franchisor, in Australia alleging:
 (i) breach of a franchise agreement; or
 (ii) contravention of trade practices law; or
 (iii) contravention of the Corporations Act 2001; or
 (iv) unconscionable conduct; or
 (v) misconduct; or
 (vi) an offence of dishonesty; and
 (b) proceedings against the franchisor, a franchisor director, an associate of the franchisor or a director of an associate of the franchisor, other than for unfair dismissal of an employee, under:
 (i) section 12 of the Independent Contractors Act 2006; or
 (ii) a law of a State or Territory that regulates workplace relations or independent contractors.
 4.2 Whether the franchisor, a franchisor director, an associate of the franchisor or a director of an associate of the franchisor, has been:
 (a) in the last 10 years—convicted of a serious offence, or an equivalent offence outside Australia; or
 (b) in the last 5 years—subject to final judgment in civil proceedings for a matter mentioned in paragraph 4.1(a); or
 (c) in the last 10 years—bankrupt, insolvent under administration or a Chapter 5 body corporate in Australia or elsewhere.
 4.3 For items 4.1 and 4.2—the following details (where relevant):
 (a) the names of the parties to the proceedings;
 (b) the name of the court, tribunal or arbitrator;
 (c) the case number;
 (d) the general nature of the proceedings;
 (e) the current status of the proceedings;
 (f) the date and content of any undertaking or order under section 87B of the Competition and Consumer Act 2010;
 (g) the penalty or damages assessed or imposed;
 (h) the names of the persons who are bankrupt, insolvent under administration or externally administered;
 (i) the period of the bankruptcy, insolvency under administration or external administration.
 4.4 The percentage of franchisees in the franchise system that were a party to a mediation, conciliation or arbitration process that was conducted, or was pending, in the previous financial year (whether the disputes to which the mediation, conciliation or arbitration processes relate were initiated by the franchisor or one or more franchisees).