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...
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.
Topics: Featured Franchising For Franchisors For Franchisees
12 min read
What Is A Standard Form Contract?
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
Standard Form Contracts
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.
Topics: Featured Franchising For Franchisors For Franchisees
10 min read
Unfair Contract Terms
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.
Topics: Featured Franchising For Franchisors
11 min read
Selling a Franchise Business: Legal & Financial Considerations
Selling a franchise business involves more than finding a buyer and agreeing on a price. The terms of your franchise agreement, transfer fees, franchisor requirements, and the Franchising Code of Conduct are all relevant to the sale.
In this article, we look at some of the key legal and financial considerations that can affect a franchise sale. If you are looking for the process involved in selling a franchise, see our guide How to Sell a Franchise in Australia.
Topics: Featured Franchising For Franchisees Exiting A Franchise
14 min read
Legal Issues In Franchising: What You Need To Know As A Franchisor
Franchising in Australia is heavily regulated.
Topics: Featured Franchising For Franchisors
12 min read
Starting Your Own Business vs Buying A Franchise
Starting Your Own Business versus Buying a Franchise. Which is the better option?
Introduction
Advantages
Investment and Financial Considerations
Marketing and Branding
Operations and Management
Risk and Reward
Takeaways
Topics: Featured Franchising For Franchisees Branding
8 min read
Franchisor Insolvency
As a franchisee, it is important to be aware of the financial health of your franchisor.
While there are certain pieces of information that must be included in the franchisor disclosure document, access to detailed information about a franchisor’s finances may be limited. This can leave you vulnerable if your franchisor suddenly becomes insolvent.
In this article we will discuss why it’s important as a franchisee to stay informed about your franchisor’s financial standing and what rights you have should your franchisor become insolvent.
Overview of Franchisor Insolvency
Rights and obligations arising from Franchisor Insolvency
Administration and Liquidation arising from Franchisor Insolvency