Traditionally, franchise agreements were not negotiable. However, in our experience, franchisors have become more willing to negotiate terms and obligations contained in a franchise agreement. This trend is likely to be further influenced by the Unfair Contracts Regime which applies to small business standard form contracts. A franchisor who is open to negotiating key terms in a franchise agreement, may be less likely to have the franchise agreement considered a standard form contract.

Franchising is complex and highly regulated.

There are many legal requirements that need to be complied with in order to successfully franchise your business. We consider these requirements in more detail below.

Guide to Franchising Your Business

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") came into effect on 9 November 2022.

Franchising can be a great way for business owners to rapidly grow their products or services with relatively low costs. However, building a successful franchise takes careful planning and long-term commitment.

The Franchising Code of Conduct (the Franchising Code) sets out the obligations (including annual obligations) relating to advertising and marketing funds operated by a franchisor.

The Federal Government has released a discussion paper seeking stakeholder views to help the Government assess the practical benefits of a standalone automotive franchising code and options for mandatory binding arbitration.

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

Have you protected your brand or business name? 

Registration of a business name, or the purchase of a domain name, does not stop other people from using that name. To protect your business name and any logo or representation that you are using, you need to register a trade mark.

Updated on 23 June 2021

A franchise agreement outlines the conditions under which you can operate the franchise business, including how long you can operate the business for.

When buying a franchise or signing a franchise agreement it is important to consider the "term" of the franchise agreement.

Franchising your business or buying a franchise can be a major decision for any entrepreneur. It is important to carefully consider the advantages and disadvantages of both options before making a choice.

Guide to Franchising Your Business

Guide to Buying a Franchise

In this article, we will look at 5 key advantages and disadvantages of franchising your business and 5 key advantages and disadvantages of buying a franchise. These are not the only considerations to be taken into account when thinking about franchising, but they will help you to make a more informed decision.