By James Daniel
Broadly, we at D&D Law understand that BOQ branch managers have been, in effect, “shafted” by BOQ terminating, or foreshadowing it will terminate, BOQ’s branch ownership and management agreement with you and/or your entities (you).
As your sole or main source of revenue and nest egg you cannot afford this agreement being terminated by BOQ at its convenience. You have done nothing wrong. Yet you will lose the lot. In those circumstances any termination by BOQ, to be fair as required by law, must be compensated. If the agreement provides otherwise, it is clearly an unenforceable unfair contractual term. It will be found invalid by a court applying the Australian Consumer Law, if your branch is a small business as defined by that law (as we expect it is).
Naturally any termination by BOQ will result in significant losses to you because you in effect are having your revenue and capital value taken away by BOQ through no fault of your own. As a matter of fairness and necessity you need to recover these losses from BOQ. We expect BOQ will seek to resist or shortchange you in that regard. Hence you need strong legal representation of the type we are ready, willing and able to provide in order to get what you need from BOQ. We will keep them honest.
