Insights

On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

Amendments to the National Health (Pharmaceutical Benefits) Regulations 2017, published on 30 October 2019 provide for electronic prescriptions to be recognised as valid prescriptions. Electronic prescribing provides an option for prescribers and their patients to have an electronic prescription as an alternative to a paper-based prescription. The legislation includes additional form requirements for electronic PBS […]

Do you own a pharmacy through a corporate entity such as a proprietary company? Are there shareholders who hold a minority interest? As a majority shareholder and director, you need to be aware of your duties to the company in the conduct of your business. Pharmacy businesses are often owned by individuals and partnerships, but […]

Pharmacy data is a valuable resource and pharmacy owners are increasingly being asked to permit third parties to access their pharmacy computer systems for a range of purposes. Pharmacy owners need to be extremely cautious about permitting third parties to access their pharmacy computer systems and before doing so should ensure that they question and […]

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

Meridian Lawyers acts for pharmacists in the sale and purchase of their pharmacy businesses.  Issues which arise in these transactions commonly include: the negotiation of the contract for sale of the business in order that the written contract reflects the wishes of the parties the obtaining of necessary approvals and consents (such as Pharmacy Council […]

Many pharmacy business owners are interested in becoming franchisees in order for them to trade with the benefit of national brand recognition, marketing power and tried and tested operating systems. However, it is crucial that pharmacists understand the content, substance and implications of the franchise documentation before they sign or make any non-refundable payment to […]

Expansion of a pharmacy may take place where the floor size of a pharmacy is increased, for example by expanding the pharmacy into adjacent premises. An example of contraction of a pharmacy would be where the floor size of a pharmacy decreases, perhaps because part of the pharmacy is surrendered back to a landlord, or […]

The Importance of a Shareholders’ Agreement In the previous issue of Commercial Insights, we wrote about the utility and importance of a shareholders’ agreement in protecting the rights of a minority holding, as illustrated by the recent case of SDW2 Pty Ltd v JLF Corporation Pty Ltd & Ors[1] in the Supreme Court of Queensland. […]