On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of Conduct.
Ana Haarsma
Recent posts by Ana Haarsma
8 min read
2023 Review of the Franchising Code of Conduct
Topics: Featured Franchising For Franchisors For Franchisees
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 2022 ("the Act") comes to a close. As we reflect on the impact of this act, it becomes even more crucial to understand the ins and outs of standard form contracts and in particular to understand "What is a standard form contract?".
Standard Form Contracts
ACCC reference to Standard Form Contracts
What is a Standard Form Contract under the ACL?
What does the Explanatory Memorandum say about Standard Form Contracts?
Takeaways
Standard Form Contracts
A standard form contract is generally referred to as a contract that has pre-drafted terms and conditions that can be easily adapted to different transactions or agreements. This eliminates the need for extensive negotiations and allows parties to quickly and efficiently enter into contracts.
Examples of standard form contracts include software licence user agreements where you tick a box to indicate that you agree to the terms and conditions of use.
Topics: Featured Franchising For Franchisors For Franchisees
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 objectives. In this article, we have outlined 5 strategies for growing a business in Australia.
1 - Understanding the Australian Business Landscape
2 - Building a Strong Brand Presence
3 - Marketing Effectively for Growth
4 - Product Development
5 - Licensing or Franchising
Topics: Featured For Franchisors Branding Franchise My 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 Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (the Act) will come to an end.
Topics: Featured Franchising For Franchisors
14 min read
Legal Issues In Franchising: What You Need To Know As A Franchisor
Franchising in Australia is heavily regulated.
Topics: Featured Franchising For Franchisors
12 min read
Starting Your Own Business vs Buying A Franchise
Starting Your Own Business versus Buying a Franchise. Which is the better option?
Introduction
Advantages
Investment and Financial Considerations
Marketing and Branding
Operations and Management
Risk and Reward
Takeaways
Topics: Featured Franchising For Franchisees Branding
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 of information that must be included in the franchisor disclosure document, access to detailed information about a franchisor’s finances may be limited. This can leave you vulnerable if your franchisor suddenly becomes insolvent.
In this article we will discuss why it’s important as a franchisee to stay informed about your franchisor’s financial standing and what rights you have should your franchisor become insolvent.
Overview of Franchisor Insolvency
Rights and obligations arising from Franchisor Insolvency
Administration and Liquidation arising from Franchisor Insolvency
Topics: Featured Franchising For Franchisors For Franchisees
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 Ltd v 7 Eleven Stores Pty Ltd [2022] VSC 132, which involves allegations of misleading and deceptive conduct about the term of the franchise agreement.
Topics: Franchising For Franchisors For Franchisees Dispute Resolution
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 complaints will not all relate to franchising issues, misleading or deceptive conduct complaints in franchising are common.
Topics: Franchising For Franchisors For Franchisees Dispute Resolution
4 min read
Infringement Notice Penalties for alleged Franchising Code Breach
October 17, 2022
Updated November 24, 2024
The ACCC announced on 6 October 2022 that it had issued Jim's Group Pty Ltd with two infringement notices and that Jim's Group Pty Ltd had paid $24,420.00 in penalties.
The infringement notices related to an alleged failure to comply with the Franchising Code of Conduct and an alleged failure to comply with the Australian Consumer Law.
