Restraint of trade clauses are common in franchise agreements and are designed to protect the franchisor's legitimate business interests.

It is important for franchisees to carefully review and understand the restraint of trade clauses in their franchise agreements to ensure compliance and avoid potential legal issues.

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.

On 8 February 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Independent Review of the Franchising Code of Conduct by Dr Michael Schaper. In this article we consider the key findings and recommendations of the Independent Review.

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.

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

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.

On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of Conduct. 

In November 2023, the 12-month transition period for the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") comes to a close. As we reflect on the impact of this act, it becomes even more crucial to understand the ins and outs of standard form contracts and in particular to understand "What is a standard form contract?". 

Standard Form Contracts
ACCC reference to Standard Form Contracts
What is a Standard Form Contract under the ACL?
What does the Explanatory Memorandum say about Standard Form Contracts?
Takeaways

standard form contractS

A standard form contract is generally referred to as a contract that has pre-drafted terms and conditions that can be easily adapted to different transactions or agreements. This eliminates the need for extensive negotiations and allows parties to quickly and efficiently enter into contracts.

Examples of standard form contracts include software licence user agreements where you tick a box to indicate that you agree to the terms and conditions of use.

Selling a franchise business in Australia can be a complex process, especially when it comes to understanding the legal and financial aspects involved.

In this article we'll explore how to navigate the legal and financial aspects of selling your franchise business in Australia. From understanding how the Franchising Code of Conduct and your franchise agreement apply to the sale as well as considering the value of the franchise business, we will provide you with information that will help to make the journey smoother.

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