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
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.
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
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.
On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of Conduct.
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
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.
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.
Selling a franchise business in Australia can be a complex process, especially when it comes to understanding the legal and financial aspects involved.
In this article we'll explore how to navigate the legal and financial aspects of selling your franchise business in Australia. From understanding how the Franchising Code of Conduct and your franchise agreement apply to the sale as well as considering the value of the franchise business, we will provide you with information that will help to make the journey smoother.
Franchising in Australia is heavily regulated.
As franchisors adapt to the Franchising Code of Conduct introduced on 1 April 2025 (the new...
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