This post was updated on 23 May 2025
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.
4 min read
Documents to be provided to a Franchisee before they enter into a Franchise Agreement
Topics: Featured Franchising For Franchisors For Franchisees
10 min read
2023 Review of the Franchising Code - Government Response
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.
Topics: Featured Franchising For Franchisors For Franchisees
5 min read
Legal Challenges to Restraint of Trade Clauses in Franchising: What Franchisees Need to Know
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.
Topics: Featured Franchising For Franchisees Dispute Resolution
11 min read
2023 Review of the Franchising Code - Key Findings and Recommendations
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.
Topics: Featured Franchising For Franchisors For Franchisees
9 min read
Understanding Franchise Disclosure Documents: A Comprehensive Guide
This article was updated on 17 May 2025
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
Topics: Franchising For Franchisors Franchise My Business Compliance
6 min read
Are Franchise Agreements Negotiable? Exploring Your Options
Traditionally, franchise agreements were not negotiable. However, in our experience, franchisors have become more willing to negotiate terms and obligations contained in a franchise agreement. This trend is likely to be further influenced by the Unfair Contracts Regime which applies to small business standard form contracts. A franchisor who is open to negotiating key terms in a franchise agreement, may be less likely to have the franchise agreement considered a standard form contract.
Topics: Featured Franchising For Franchisees
5 min read
Legal Requirements To Franchise Your Business
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
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
Topics: Featured Franchising For Franchisors Franchise My Business
8 min read
2023 Review of the Franchising Code of Conduct
On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of Conduct.
