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...
12 min read
Starting Your Own Business vs Buying A Franchise
Starting Your Own Business versus Buying a Franchise. Which is the better option?
Introduction
Advantages
Investment and Financial Considerations
Marketing and Branding
Operations and Management
Risk and Reward
Takeaways
Topics: Featured Franchising For Franchisees Branding
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 costs. However, building a successful franchise takes careful planning and long-term commitment.
Topics: Featured For Franchisors Franchise My Business
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 of information that must be included in the franchisor disclosure document, access to detailed information about a franchisor’s finances may be limited. This can leave you vulnerable if your franchisor suddenly becomes insolvent.
In this article we will discuss why it’s important as a franchisee to stay informed about your franchisor’s financial standing and what rights you have should your franchisor become insolvent.
Overview of Franchisor Insolvency
Rights and obligations arising from Franchisor Insolvency
Administration and Liquidation arising from Franchisor Insolvency
Topics: Featured Franchising For Franchisors For Franchisees
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.
Topics: Featured Franchising For Franchisors
4 min read
Infringement Notice Penalties for alleged Franchising Code Breach
The Franchising Code of Conduct (the Franchising Code) contains numerous obligations which are penalty provisions, that is, if you fail to comply with these obligations, you may be charged a penalty.
Generally, the maximum penalty for failing to comply with a Franchising Code penalty provision is 600 penalty units or $218,400.00 (as of 1 July 2026 each penalty unit is worth $364.00).
The ACCC can also issue an infringement notice if a penalty provision of the Franchising Code is not complied with. An infringement notice is in most cases 60 penalty units or $21,840.00.
Topics: Featured For Franchisors
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 financial year reporting and disclosure obligations.
Topics: Featured For Franchisors
5 min read
The Franchise Disclosure Register
August 12, 2022
On 1 April 2022 the Franchising Code of Conduct (the Franchising Code) was amended to insert a new clause 53 which sets out the requirements for the Franchise Disclosure Register.
Topics: Featured Franchising For Franchisors
4 min read
Franchising Code Amendments - Dispute Resolution
The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.
