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11 min read

2023 Review of the Franchising Code - Key Findings and Recommendations

By Ana Haarsma on Feb 28, 2024 12:26:52 PM

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
6 min read

Are Franchise Agreements Negotiable? Exploring Your Options

By Stephen Haarsma on Dec 12, 2023 4:26:36 PM

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
8 min read

Penalty Provisions Under The Australian Consumer Law

By Stephen Haarsma on Oct 5, 2023 12:02:54 PM

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") came into effect on 9 November 2022.

Topics: Featured For Franchisors For Franchisees
8 min read

Secure jobs and better pay: What it means for employers

By Joseph Haarsma on Sep 18, 2023 10:42:40 AM

In this blog post, we will delve into some of the key amendments made to the Fair Work Act 2009 (Cth) ("Fair Work Act") under the Secure Jobs, Better Pay Act 2022 (Cth) ("SJBP"). Our aim is to provide an understanding of the implications of these changes, exploring their direct impact on employee rights and the obligations faced by employers.

Topics: Featured For Franchisors For Franchisees
8 min read

2023 Review of the Franchising Code of Conduct

By Ana Haarsma on Aug 30, 2023 11:33:15 AM

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?

By Ana Haarsma on Aug 21, 2023 2:40:23 PM

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

Navigating the Legal and Financial Aspects of Selling your Franchise Business in Australia

By Joseph Haarsma on Jul 6, 2023 2:46:08 PM

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.

Topics: Featured Franchising For Franchisees
11 min read

Starting Your Own Business vs Buying A Franchise

By Ana Haarsma on Jun 15, 2023 5:06:00 PM

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

By Ana Haarsma on Jun 9, 2023 10:58:04 AM

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

Marketing Funds

Takeaways

 

Topics: Featured Franchising For Franchisors For Franchisees
4 min read

5 Things to Consider When Buying a Franchise

By Joseph Haarsma on May 12, 2023 11:55:32 AM

Are you thinking of buying a franchise? It’s an exciting proposition that can bring both rewards and risks. Before you dive in and make a commitment, it’s crucial to carefully consider all the elements involved.

Starting Your Own Business vs Buying A Franchise

Topics: Featured Franchising For Franchisees