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...
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Joseph Haarsma
Recent posts by Joseph Haarsma
5 min read
New Non-Compete Laws in Australia
In a bold move to dismantle invisible barriers and spark economic dynamism, the Albanese Government has proposed banning non‑compete clauses for a broad swathe of Australian workers. Here’s what you need to know—and why it matters.
4 min read
Understanding the Criminalisation of Wage Theft: The New Framework
A key aspect of the Amendment (Closing Loopholes) Act 2023 is the criminalisation of ‘wage theft’. Wage theft typically refers to employers intentionally underpaying their employees or deliberately failing to provide them with the wages and entitlements they are owed. Previously, underpayments of employees were subject to civil penalties under the Fair Work Act 2009 (Cth) (“Fair Work Act”), but starting from 1 January 2025, intentional underpayment of wages will now be considered a criminal offence.
Topics: Featured
4 min read
Supply Chain Restrictions in Franchising
When you buy a franchise, you essentially buy the right to operate a business that is the same as the other businesses in the franchise network.
In order for all of the franchised businesses to essentially be the same, the product or service that is sold by each franchise must be consistent.
To achieve consistency, a franchisor may restrict where you purchase the supplies required to operate your business.
This can sometimes mean that the cost of your supplies (or the cost of goods sold) is higher than it otherwise might be if you were operating an independent business.
Starting Your Own Business vs Buying A Franchise
Topics: Featured Franchising For Franchisees
4 min read
Is Franchising the Best Business Growth Strategy?
Franchising has long been considered a highly effective strategy for business growth, particularly in Australia. With over 1,100 franchisors and 70,000 franchisees operating across the country, this business model has become a cornerstone of the Australian economy, contributing more than $135 billion annually and employing around 520,000 people.
For many entrepreneurs, franchising offers a seemingly straightforward path to business expansion, leveraging an established brand and proven operational models to penetrate new markets quickly.
Topics: Featured For Franchisors For Franchisees
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 what factors both employees and employers need to take into account when communicating outside of work hours.
Topics: Featured For Franchisors For Franchisees
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") under the Secure Jobs, Better Pay Act 2022 (Cth) ("SJBP"). Our aim is to provide an understanding of the implications of these changes, exploring their direct impact on employee rights and the obligations faced by employers.
Topics: Featured For Franchisors For Franchisees
11 min read
Selling a Franchise Business: Legal & Financial Considerations
Selling a franchise business involves more than finding a buyer and agreeing on a price. The terms of your franchise agreement, transfer fees, franchisor requirements, and the Franchising Code of Conduct are all relevant to the sale.
In this article, we look at some of the key legal and financial considerations that can affect a franchise sale. If you are looking for the process involved in selling a franchise, see our guide How to Sell a Franchise in Australia.
Topics: Featured Franchising For Franchisees Exiting A Franchise
5 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 make a commitment, it’s crucial to carefully consider all the elements involved.
Topics: Featured Franchising For Franchisees
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 serious penalties under the Fair Work Act 2009 (Cth) (“Fair Work Act”). It should therefore be unsurprising that franchisees who have engaged in behaviour that illegally disenfranchises their workers can be subject to penalties from the Fair Work Commission.