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5 min read

Legal Requirements To Franchise Your Business

By Stephen Haarsma on Nov 16, 2023 9:57:39 AM

This article was updated on 26 May 2025

The franchising sector in Australia has approximately 1,144 franchise systems and approximately 70,735 franchisees.1

One of the questions I'm asked, when talking to people about franchising their business, is, "what are the legal requirements?".

What I tell them, is that, unfortunately, franchising is legally complex and highly regulated.

I also talk about the many legal requirements that need to be complied with in order to successfully franchise your business. I discuss these requirements in more detail in the article below.

Guide to Franchising Your Business

 

Topics: Franchising For Franchisors Franchise My Business Compliance
8 min read

The Challenges of Poorly Performing Franchisees

By Ana Haarsma on Nov 2, 2023 11:37:16 AM

Our firm specialises in franchise law. It's pretty much all we do. As a consequence, I have spent a lot of my working life dealing with conflicts that arise between franchisors and franchisees.

What happens when a franchisee is not living up to expectations?

In this article I explore the challenges of poorly performing franchisees and how they can impact the overall success of a franchise.

 

Topics: Franchising For Franchisors
6 min read

Disadvantages of Franchising - Loss of Control

By Ana Haarsma on Oct 6, 2023 12:13:23 PM

 

Topics: Featured Franchising For Franchisors Franchise My Business
8 min read

Penalty Provisions Under The Australian Consumer Law

By Stephen Haarsma on Oct 5, 2023 12:02:54 PM

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

Topics: Featured For Franchisors Compliance
8 min read

Secure Jobs and Better Pay: What it Means for Employers

By Joseph Haarsma on Sep 18, 2023 10:42:40 AM

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.

Topics: Featured For Franchisors For Franchisees
8 min read

2023 Review of the Franchising Code of Conduct

By Ana Haarsma on Aug 30, 2023 11:33:15 AM

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

Topics: Featured Franchising For Franchisors For Franchisees
12 min read

What Is A Standard Form Contract?

By Ana Haarsma on Aug 21, 2023 2:40:23 PM

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.

Topics: Featured Franchising For Franchisors For Franchisees
12 min read

5 Strategies for Growing a Business

By Ana Haarsma on Jul 26, 2023 9:31:54 AM

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

Topics: Featured For Franchisors Branding Franchise My Business
10 min read

Unfair Contract Terms

By Ana Haarsma on Jul 11, 2023 8:48:45 PM

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.

Topics: Featured Franchising For Franchisors
14 min read

Legal Issues In Franchising: What You Need To Know As A Franchisor

By Ana Haarsma on Jun 22, 2023 4:30:58 PM

 

Franchising in Australia is heavily regulated.

Topics: Featured Franchising For Franchisors
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