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...
11 min read
The 2025 Franchising Code of Conduct
The Competition and Consumer (Industry Code - Franchising) Regulations 2024, were made on 5 December 2024 and come into...
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...
7 min read
Licensing Regime for Franchising in Australia
Last week while I was busy ensuring that our franchisor clients had updated their profile on the Franchise Disclosure...
4 min read
Different Types of Intellectual Property Agreements Explained
When someone refers to an Intellectual Property Agreement, they are referring to an agreement or clause that deals with...
7 min read
Proposed Termination Provisions - Franchising Code 2025 Exposure Draft
As foreshadowed in its response to the 2023 Review of the Franchising Code of Conduct (the Code), the Government has...
4 min read
Franchising Code 2025 Exposure Draft - Before Entering into a Franchise Agreement
The Exposure Draft of the Franchising Code of Conduct has been released, with the Government inviting public feedback...
4 min read
Franchising Code 2025 Exposure Draft
The Exposure Draft for the 2025 update of the Franchising Code of Conduct (which is expected to come into force on 1...
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...
6 min read
Protection of Trade Secrets
As part of the Australian Federal Government's Competition Review, Treasury is considering how businesses can protect...
5 min read
Documents to be provided to a Franchisee before they enter into a Franchise Agreement
The Franchising Code of Conduct (the Franchising Code) provides that certain documents must be given to a franchisee...
9 min read
Understanding Franchise Agreement Termination
Franchise agreement termination is a complex area. In this article we look at the options available to franchisors and...
7 min read
Consequences of Terminating a Franchise Agreement
Terminating a franchise agreement can have significant consequences.
Economic conditions in Australia remain...
10 min read
2023 Review of the Franchising Code - Government Response
On 7 May 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Australian Government's response...
7 min read
Confidentiality Agreements: A Comprehensive Guide
In today’s business world, the exchange of sensitive information is a common and often necessary practice. Whether...
6 min read
How Much Autonomy Do Franchisees Have In Operating Their Business?
One of the disadvantages of buying a franchise is the lack of independence or autonomy in operating the franchise, and...
4 min read
Franchisee Social Media Guidelines: A Comprehensive Overview
Explore the importance of social media policy for franchisees and how it can benefit their businesses.
...
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...
5 min read
Legal Requirements To Franchise Your Business
The franchising sector in Australia has approximately 1,144 franchise systems and approximately 70,735 franchisees.1
...
8 min read
The Challenges of Poorly Performing Franchisees
Our firm specialises in franchise law. It's pretty much all we do. As a consequence, I have spent a lot of my working...
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
Penalty Provisions Under The Australian Consumer Law
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") came into effect on 9 November 2022.
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...
14 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...
12 min read
Starting Your Own Business vs Buying A Franchise
Starting Your Own Business versus Buying a Franchise. Which is the better option?
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...
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...
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
October 17, 2022
Updated November 24, 2024
The ACCC announced on 6 October 2022 that it had issued Jim's Group Pty...
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...
