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.

The growth strategy for your business will ultimately be determined by the nature of your business and your business objectives. In this article, we have outlined 5 strategies for growing a business in Australia.

1 - Understanding the Australian Business Landscape
2 - Building a Strong Brand Presence
3 - Marketing Effectively for Growth
4 - Product Development
5 - Licensing or Franchising

The regulation of Unfair Contract Terms is about to change. In November 2023 the 12 month transition period for the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (the Act) will come to an end.

Franchising in Australia is heavily regulated.

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.

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

Marketing Funds

Takeaways

Following on from our recent article about misleading or deceptive conduct, we take a look at the case of Lanhai Pty Ltd v 7 Eleven Stores Pty Ltd [2022] VSC 132, which involves allegations of misleading and deceptive conduct about the term of the franchise agreement.

Misleading or deceptive conduct is the most commonly reported complaint by small business to the ACCC. While these complaints will not all relate to franchising issues, misleading or deceptive conduct complaints in franchising are common.

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.

The ACCC announced on 6 October 2022 that it had issued Jim's Group Pty Ltd with two infringement notices and that Jim's Group Pty Ltd had paid $24,420.00 in penalties.

The infringement notices related to an alleged failure to comply with the Franchising Code of Conduct and an alleged failure to comply with the Australian Consumer Law.