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
5 Things to Consider When Buying a Franchise
Are you thinking of buying a franchise? It’s an exciting proposition that can bring both rewards and risks. Before you make a commitment, it’s crucial to carefully consider all the elements involved.
Topics: Featured Franchising For Franchisees
4 min read
Misleading and Deceptive Conduct - a Case Study
Following on from our recent article about misleading or deceptive conduct, we take a look at the case of Lanhai Pty Ltd v 7 Eleven Stores Pty Ltd [2022] VSC 132, which involves allegations of misleading and deceptive conduct about the term of the franchise agreement.
Topics: Franchising For Franchisors For Franchisees Dispute Resolution
9 min read
Misleading or Deceptive Conduct
Misleading or deceptive conduct is the most commonly reported complaint by small business to the ACCC. While these complaints will not all relate to franchising issues, misleading or deceptive conduct complaints in franchising are common.
Topics: Franchising For Franchisors For Franchisees Dispute Resolution
5 min read
Franchisor Liability and the Fair Work Act
It is a well established principle of Australian law that businesses that illegally exploit their employees can face serious penalties under the Fair Work Act 2009 (Cth) (“Fair Work Act”). It should therefore be unsurprising that franchisees who have engaged in behaviour that illegally disenfranchises their workers can be subject to penalties from the Fair Work Commission.
Topics: Featured Franchising For Franchisors
5 min read
The Franchise Disclosure Register
August 12, 2022
On 1 April 2022 the Franchising Code of Conduct (the Franchising Code) was amended to insert a new clause 53 which sets out the requirements for the Franchise Disclosure Register.
Topics: Featured Franchising For Franchisors
2 min read
Standalone Automotive Sector Franchising Code
The Federal Government has released a discussion paper seeking stakeholder views to help the Government assess the practical benefits of a standalone automotive franchising code and options for mandatory binding arbitration.
Topics: Franchising
3 min read
Franchising Code Amendments - Information Statement
The Federal Government has substantially changed the Information Statement to be provided to prospective franchisees as part of the pre-disclosure process. It has also clarified that the Information Statement must be given before the other documents given to a prospective franchisee (14 days before a prospective franchisee enters into a franchise agreement).
Topics: Franchising For Franchisors For Franchisees
6 min read
Franchising Code Amendments - Termination
The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1 July 2021, including the Exit and Termination amendments.
Topics: Franchising For Franchisors For Franchisees
3 min read
What is a Restraint of Trade Clause?
A restraint of trade clause is a clause which is included in an agreement typically to stop someone from competing or using confidential information.
Topics: Franchising
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.