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...
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
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 effect on 1 April 2025. You can read the regulations here.
Topics: Featured Franchising For Franchisors
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
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 Register, the Federal Government released its consultation paper on a licensing regime for the franchising sector.
Topics: Featured Franchising For Franchisors For Franchisees Franchise My Business
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 the creation, use and protection of intellectual property.
There isn't one type of Intellectual Property Agreement. The term "Intellectual Property Agreement" can be a reference to a number of different types of agreements.
What Is Intellectual Property?
Topics: Featured Franchising Branding
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 proposed amendments to the current termination provisions of the Code.
Topics: Featured For Franchisors For Franchisees
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 until 29 October 2024.
In our last article I considered the proposed changes to the Franchising Code of Conduct (the Code) arising from the 2023 Review of the Scope of the Regulation of the Code.
In this article I will provide an overview of the proposed changes to the requirements "Before a Franchisee Enters into a Franchise Agreement", and their implications for franchisors and franchisees.
Topics: Featured Franchising For Franchisors
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 April 2025) has been released by the Australian Federal Government (the Government).
Topics: Featured Franchising For Franchisors
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
6 min read
Protection of Trade Secrets
As part of the Australian Federal Government's Competition Review, Treasury is considering how businesses can protect confidential information or trade secrets without the use of non-disclosure or confidentiality clauses, such as through the use of patents.
In this article we examine the legal definition of trade secrets and how trade secrets are currently protected.