The Exposure Draft of the Franchising Code of Conduct has been released, with the Government inviting public feedback until 29 October 2024.

In our last article I considered the proposed changes to the Franchising Code of Conduct (the Code) arising from the 2023 Review of the Scope of the Regulation of the Code.

In this article I will provide an overview of the proposed changes to the requirements "Before a Franchisee Enters into a Franchise Agreement", and their implications for franchisors and franchisees.

The Exposure Draft for the 2025 update of the Franchising Code of Conduct (which is expected to come into force on 1 April 2025) has been released by the Australian Federal Government (the Government).

The Franchising Code of Conduct (the Franchising Code) provides that certain documents must be given to a franchisee before they enter into a franchise agreement.

On 7 May 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Australian Government's response to the Independent Review of the Franchising Code of Conduct. In this article we consider the recommendations of the Independent Review together with the Government's response.

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.

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.

In this guide we consider the franchise disclosure document, the importance of franchise disclosure document compliance, and best practices to ensure compliance as a franchisor in Australia.

1- The Importance of Franchise Disclosure Documents
2 - Key Components of Franchise Disclosure Documents
3 - Common Disclosure Document Issues for Australian Franchisors
4 - Best Practices for Franchise Disclosure Document Management

Franchising is complex and highly regulated.

There are many legal requirements that need to be complied with in order to successfully franchise your business. We consider these requirements in more detail below.

Guide to Franchising Your Business

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.