7 min read
A Franchisor Liability Case Study: ASIC v Darranda Pty Ltd
Compliance is an important and ever-changing component of running a business. As a franchisor, it can be tempting to...
Recent posts by James Lance
7 min read
A Franchisor Liability Case Study: ASIC v Darranda Pty Ltd
Compliance is an important and ever-changing component of running a business. As a franchisor, it can be tempting to look at the rules that are relevant to your business, prepare systems that comply with those rules, and then set and forget and rely on your franchisees to maintain their own compliance. However, this is a dangerous approach.
Topics: Featured For Franchisors
7 min read
Government Proposes New Bill to Target Unfair Trading Practices Affecting Consumers
In April 2026 the Australian Government introduced the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, aiming to strengthen consumer protections against unfair trading practices (UTPs). The Bill includes a new general prohibition on UTPs targeting consumers and specific reforms addressing unfair subscription practices, 'drip pricing' and other hidden transaction-based charges.
Topics: Featured For Franchisors For Franchisees
6 min read
Franchisor Obligations for Disclosure of Materially Relevant Facts
As a franchisor, one of your most significant obligations is to provide relevant, accurate and up-to-date information to your franchisees and prospective franchisees. An important part of that obligation is creating a disclosure document containing materially relevant information about your franchise system. A disclosure document needs to be updated every year you intend to start or maintain a franchise business.
Topics: Featured Franchising For Franchisors
1 min read
Major Australian Franchisor Fined Nearly $20,000 by ACCC over Franchise Disclosure Failure
Australian franchisor Luxottica Franchising Australia (Luxottica) has paid a penalty of $19,800 after the Australian Competition and Consumer Commission (ACCC) issued it with an infringement notice for failing to maintain an up-to-date profile on the Franchise Disclosure Register.
Topics: Franchising For Franchisors Compliance
10 min read
The ACCC is reviewing the Unfair Contract Term provisions. Here's what that means.
The Australian Competition and Consumer Commission (the ACCC) has recently begun the process of reviewing the new provisions governing Unfair Contract Terms (UCTs), which began operation on 9 November 2023. These new provisions considerably widened the scope of the old UCT provisions and have profound implications for many contracts, especially in the franchising sector. In this blog post we will unpack what the UCT provisions are, the type of contracts they affect, how the amended provisions changed the law and what the ACCC's review is hoping to achieve. We will also consider whether the amendments have, thus far, actually had the effects that the Government set out to achieve.
Topics: Franchising For Franchisors For Franchisees Compliance
3 min read
What Are Securities?
Securities are a type of investment that hold tradeable value. They can take many forms, including stocks issued by a government or shares in a company. They are commonly offered for purchase by companies or individuals looking to raise money to make an investment or other purchase of their own. However, existing securities held over a business can make purchasing that business more complex, so it is important to identify any existing securities when entering into a business sale agreement.
Topics: Featured
5 min read
Assignment vs. Novation: What's the Difference?
Assignment and novation are two methods of transferring contractual rights or obligations from one party to another. While they might seem similar and even interchangeable on the surface, they actually have very different uses, so it is important to have a good understanding of what you want to transfer and how you can do it.
Topics: Franchising For Franchisors For Franchisees Exiting A Franchise
4 min read
Intellectual Property Assignment Agreements
An Assignment Agreement is a legal document which can be used by one party (the assignor) to assign rights or interests previously belonging to the assignor to another party (the assignee).
Topics: Franchising For Franchisors For Franchisees
5 min read
Arbitration in Franchise Disputes
Arbitration is an alternative form of dispute resolution (‘ADR’) where parties with a disagreement present their case to a neutral third party known as an arbitrator, who then determines an outcome to resolve a dispute.
A decision made by an arbitrator is legally binding on all parties and enforceable in Court, unless all parties agree that the arbitrator’s decision will not be legally binding .
Since 2010, all of Australia's states and territories have been governed by Commercial Arbitration Acts, a scheme of legislation which have created a uniform framework for commercial arbitration in Australia. This ensures consistency in the processes and outcomes of arbitrations across the country.
Arbitration between countries is also regulated in Australia by the International Arbitration Act 1974 (Cth) .
Arbitration is a popular method for resolving commercial disputes, as it is efficient, impartial and enforceable . There are many professional arbitrators in Australia, and its arbitration industry is independent and sophisticated .
Topics: For Franchisors For Franchisees Dispute Resolution
9 min read
Is your business profitable enough to franchise?
In Part 1 of our series "Can I Franchise my Business?" I covered foundational factors such as branding, consistent business systems and maintaining uniformity.
In addition to these foundational elements, when considering whether franchising is the right growth option for your business, you must consider whether the business is profitable enough for a franchisee after payment of royalties, marketing levies and operating costs.