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...
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.
Topics: Featured For Franchisors For Franchisees
4 min read
Trademarking a Business Name
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.
Topics: For Franchisors Branding
5 min read
Not Renewing a Franchise Agreement
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. [What is a franchise agreement?].
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.
Topics: For Franchisors For Franchisees
5 min read
Can I Franchise My Business - Growth Strategy
Topics: Featured For Franchisors Franchise My Business
9 min read
Is your business profitable enough to franchise?
In Part 1 of our series "Can I Franchise my Business?" I covered foundational factors such as branding, consistent business systems and maintaining uniformity.
In addition to these foundational elements, when considering whether franchising is the right growth option for your business, you must consider whether the business is profitable enough for a franchisee after payment of royalties, marketing levies and operating costs.
Topics: Featured For Franchisors Franchise My Business
15 min read
Can I Franchise My Business? - Branding
As a franchise lawyer, I see many people who are interested in using franchising as a growth strategy for their business.
When discussing whether franchising is the right growth strategy (rather than organic growth or licensing), one of the first topics I talk about is branding.
In this article, I'll cover a number of initial factors that should be considered when assessing the possibility of franchising your business (including branding).
But first, I examine what franchising involves and how it can facilitate the growth of your business.
Topics: Featured For Franchisors Franchise My Business
2 min read
Unfair Contract Terms in Franchising
A recent court enforceable undertaking given to the ACCC by Back in Motion Physiotherapy Pty Ltd (Back in Motion) has served as a reminder to ensure that franchise agreements do not contain unfair contract terms.
Topics: Franchising For Franchisors For Franchisees
9 min read
Franchising Key Facts Sheet
From 1 April 2025 under the new Franchising Code, the Key Facts Sheet is no longer required to be provided to a prospective franchisee.
Topics: Franchising For Franchisors
6 min read
Response to the Fairness in Franchising Report
The Federal Government released its response to the Fairness in Franchising Report on 20 August 2020.
Topics: For Franchisors
4 min read
Building a Successful Franchise Business
April 12, 2021
If you are considering franchising your business or you are already a franchisor, we have set out some important considerations to building a successful franchise business.