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. 

The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1 July 2021. Given it is the time of year when franchisors must update their disclosure documents, in this article we revisit the current Franchising Code requirements for Significant Capital Expenditure.

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. 

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.

The Franchising Code of Conduct (the Franchising Code) sets out the obligations (including annual obligations) relating to advertising and marketing funds operated by a franchisor.

The Federal Government has substantially changed the Information Statement to be provided to prospective franchisees as part of the pre-disclosure process. It has also clarified that the Information Statement must be given before the other documents given to a prospective franchisee (14 days before a prospective franchisee enters into a franchise agreement).

The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1 July 2021, including the Exit and Termination amendments.

The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.

So you've started your business, registered a business name and secured your website domain.

Have you protected your brand or business name? 

Registration of a business name, or the purchase of a domain name, does not stop other people from using that name. To protect your business name and any logo or representation that you are using, you need to register a trade mark.

A right of renewal in a franchise agreement is a right which gives you the option to "renew" the franchise agreement at the end of the term.

Not all franchise agreements contain a right of renewal.

Even if your franchise agreement contains a right of renewal you may not want to renew the franchise agreement.