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Ray Borradale's picture

Recommendations are posted

I've posted the full list of recommendations and Simon Young has posted the recommendations that may draw the most attention. They are both avalable HERE.

Gathering dust...

'The review report is due to be presented to Government on 30 April 2013. The report is on track for delivery by this date. Once submitted, the Government will consider its response, which may include publication of the report.'

Does anyone truly believe that this government will even look at the report given the scant regard for small business the long list of Small Business Ministers have clearly demonstrated.

With an election poleaxing looming large and finances in a shambles as revealed in the budget, this report will sit gathering dust for Indiana Jones to one day discover, and find nothing at all has changed.

The FCA and franchsiors have nothing to fear...why is Mr Giles even concerned? He's seen and dealt with worse by simply seeing that it is swept under the carpet! (e.g. Ketchell, Ripoll Report)

Ray Borradale's picture

For those interested

The 'Opportunity not Opportunism' report with Appendix 3 is now attached at the bottom of the blog.

Ray Borradale's picture

those were the days my Stephen

Here is a 2010 BMM thread featuring a cast of thousands discussing Giles' confusion on what constitues defamation. The current suggestion amounts to nothing but a baseless claim of defamation as a means to shut down public interest discussion.

Thank you to Boudica for reminding me and sending me this link. Poor darling is getting married in a fortnight and everyone is invited.

Stepehen and Bad Bob have a lot in common.


Ray Borradale's picture

Here is the clarity I referred to

"Of note; Bernie Ripoll also included a scathing special Appendix 3 that outlined the potential for criminal sanctions;

The Committee has considered this letter and directed me to write to you to warn that the letter may constitute a contempt of parliament and a criminal offence.    ....

Such action may also constitute a criminal offence under Section 12 of The Parliamentary Privileges Act 1987. Penalties may include fines or imprisonment not exceeding 6 months.

The letter was sent to Stephen Giles and referred to evidence received by the Committee in relation to Giles' representation of the Poolwerx franchisor, John O’Brien, a former FCA chairman. Stephen Giles, [of Deacons Law Firm at the time and of today’s Norton Rose Law Firm] was/is a regular chairman of the FCA. The Inquiry had uncovered clear evidence of intimidation against a franchisee who was known to be preparing a submission."

Ray Borradale's picture

You called Stephen?

As Stephen Giles has apparently gotten his knickers in a knot I have added some clarity to the paragraph which refers to the potential for criminal penalties in Appendix 3 of the 'Opportunity not Opportunism' report. 

I do hope you have settled down Stephen. You have obviously forgotten all the good times we have had over the years. I'm hoping Don can now attach the Opportunity and Opportunism' report to this Op-Ed as your memory seems a little shaky. Now if you really want to try me on you go for it sweetie.

Ray Borradale's picture

I've grown suspicious

I suspect that in the very early part of the last decade a large section of Australian franchising went off course. I also suspect that it came about following the ease with which the FCA was able to shed GST costs to franchisees. No doubt it bolstered confidence at the FCA and membership would have lifted to the enormous heights of today's .5 of a percent of stakeholders in Australian franchising.

I suspect that around that time more and more gullible franchisors began looking up to the genius of the FCA legal eagles and began listening to the cackle of contractual abilities that led them away from franchising best practice. The culture changed and the promise of unchallenged short term riches was more attractive than long term growth and peace.

The legal parasites loved the move toward a whole new era of squeezing the living c^ap out of franchisees. Enormous amounts of diverse work was generated and franchising became a filthy word. Well played Stephen.