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5 min read

Legal Challenges to Restraint of Trade Clauses in Franchising: What Franchisees Need to Know

Restraint of trade clauses are common in franchise agreements and are designed to protect the franchisor's legitimate...

4 min read

The New Right To Disconnect Law In Australia

In this article we will consider how the new "Right to Disconnect" law in Australia impacts employees and employers and...

11 min read

2023 Review of the Franchising Code - Key Findings and Recommendations

On 8 February 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Independent Review of the...

9 min read

Understanding Franchise Disclosure Documents: A Comprehensive Guide

In this guide we consider the franchise disclosure document, the importance of franchise disclosure document...

6 min read

Are Franchise Agreements Negotiable? Exploring Your Options

Traditionally, franchise agreements were not negotiable. However, in our experience, franchisors have become more...

4 min read

Legal Requirements To Franchise Your Business

Franchising is complex and highly regulated.

There are many legal requirements that need to be complied with in order...

8 min read

The Challenges of Poorly Performing Franchisees

What happens when a franchisee is not living up to expectations? In this article we explore the challenges of poorly...

6 min read

Disadvantages of Franchising - Loss of Control

This is the first in a series of articles where we explore in more depth, some of the disadvantages of franchising...

8 min read

Secure jobs and better pay: What it means for employers

In this blog post, we will delve into some of the key amendments made to the Fair Work Act 2009 (Cth) ("Fair Work Act")...

8 min read

2023 Review of the Franchising Code of Conduct

On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of...

12 min read

What Is A Standard Form Contract?

In November 2023, the 12-month transition period for the Treasury Laws Amendment (More Competition, Better Prices) Act...

12 min read

5 Strategies For Growing A Business

The growth strategy for your business will ultimately be determined by the nature of your business and your business...

10 min read

Unfair Contract Terms

The regulation of Unfair Contract Terms is about to change. In November 2023 the 12 month transition period for the ...

10 min read

Navigating the Legal and Financial Aspects of Selling your Franchise Business in Australia

Selling a franchise business in Australia can be a complex process, especially when it comes to understanding the legal...

12 min read

Legal Issues In Franchising: What You Need To Know As A Franchisor

Franchising in Australia is heavily regulated.

While franchising can offer a low-risk way to expand your brand, if...

11 min read

Starting Your Own Business vs Buying A Franchise

Starting Your Own Business versus Buying a Franchise. Which is the better option?

IntroductionAdvantagesInvestment and...

6 min read

10 Steps to Start a Franchise Business

Franchising can be a great way for business owners to rapidly grow their products or services with relatively low...

8 min read

Franchisor Insolvency

As a franchisee, it is important to be aware of the financial health of your franchisor.

While there are certain pieces...

4 min read

5 Things to Consider When Buying a Franchise

Are you thinking of buying a franchise? It’s an exciting proposition that can bring both rewards and risks. Before you...

4 min read

Misleading and Deceptive Conduct - a Case Study

Following on from our recent article about misleading or deceptive conduct, we take a look at the case of Lanhai Pty...

9 min read

Misleading or Deceptive Conduct

Misleading or deceptive conduct is the most commonly reported complaint by small business to the ACCC. While these...

5 min read

Franchisor Liability and the Fair Work Act

It is a well established principle of Australian law that businesses that illegally exploit their employees can face...

4 min read

Infringement Notice Penalties for alleged Franchising Code Breach

The ACCC announced on 6 October 2022 that it had issued Jim's Group Pty Ltd with two infringement notices and that...

6 min read

Significant Capital Expenditure - Updating Your Disclosure Document

The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1...

4 min read

Key Franchise Dates 2022

We have set out below a number of the approaching Key Franchise Dates, related primarily to a franchisor's end of...

5 min read

Can I Get Out of a Franchise Agreement?

The last two and a half years have been tough for small businesses including franchises.

While many franchisees were...

5 min read

The Franchise Disclosure Register

On 1 April 2022 the Franchising Code of Conduct (the Franchising Code) was amended to insert a new clause 53 which sets...

6 min read

Franchise Marketing Funds

The Franchising Code of Conduct (the Franchising Code) sets out the obligations (including annual obligations) relating...

2 min read

Standalone Automotive Sector Franchising Code

The Federal Government has released a discussion paper seeking stakeholder views to help the Government assess the...

3 min read

Franchising Code Amendments - Information Statement

The Federal Government has substantially changed the Information Statement to be provided to prospective franchisees as...

6 min read

Franchising Code Amendments - termination

The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1...

4 min read

Franchising Code Amendments - Dispute Resolution

The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into...

4 min read

Trademarking a business name

So you've started your business, registered a business name and secured your website domain.

Have you protected your ...

5 min read

Not Renewing a Franchise Agreement

A right of renewal in a franchise agreement is a right which gives you the option to "renew" the franchise agreement at...

3 min read

What is a restraint of trade clause?

A restraint of trade clause is a clause which is included in an agreement typically to stop someone from competing or...

4 min read

Can I Franchise my Business - Part 3 -Growth strategy

In Part 3 of the "Can I Franchise My Business" series, we look at growth strategy and timing.

Franchising is a...

7 min read

Can I Franchise my Business? - Part 2

Franchising enables you to grow your business and build your brand.

...

3 min read

Can You Terminate Your Franchise Agreement?

The rights to end the franchise relationship, to sell your franchised business, or to pass your franchised business on...

7 min read

Can I Franchise my Business? - Part 1

Are you a business owner considering expanding your success by franchising? There's a lot to consider before taking...

2 min read

Unfair Contract terms in Franchising

A recent court enforceable undertaking given to the ACCC by Back in Motion Physiotherapy Pty Ltd (Back in Motion) has...

9 min read

Franchising Key Facts Sheet

Updated on 23 June 2021

The Federal Government has released the Key Facts Sheet which from 1 July 2021 must be...

6 min read

Response to the fairness in franchising report

The Federal Government released its response to the Fairness in Franchising Report on 20 August 2020.

In its response,...