Assignment and novation are two methods of transferring contractual rights or obligations from one party to another. While they might seem similar and even interchangeable on the surface, they actually have very different uses, so it is important to have a good understanding of what you want to transfer and how you can do it.

In this article I take a look at some of the recent commentary around the outlook for franchising in 2026, as well as recapping the regulatory changes in 2025 (particularly the changes that came into effect on 1 November 2025).

2025 was a busy year in franchising with 2 tranches of Franchising Code changes coming into effect, requiring franchise disclosure documents to be updated twice last year in some cases.

Thankfully, 2026 should see more stability on the regulatory front.

An Assignment Agreement is a legal document which can be used by one party (the assignor) to assign rights or interests previously belonging to the assignor to another party (the assignee).

Arbitration is an alternative form of dispute resolution (‘ADR’) where parties with a disagreement present their case to a neutral third party known as an arbitrator, who then determines an outcome to resolve a dispute.

A decision made by an arbitrator is legally binding on all parties and enforceable in Court, unless all parties agree that the arbitrator’s decision will not be legally binding .

Since 2010, all of Australia's states and territories have been governed by Commercial Arbitration Acts, a scheme of legislation which have created a uniform framework for commercial arbitration in Australia. This ensures consistency in the processes and outcomes of arbitrations across the country.  

Arbitration between countries is also regulated in Australia by the International Arbitration Act 1974 (Cth) .

Arbitration is a popular method for resolving commercial disputes, as it is efficient, impartial and enforceable . There are many professional arbitrators in Australia, and its arbitration industry is independent and sophisticated .

The ACCC announced on Thursday that it had issued infringement notices to Cash Converters Pty Ltd and Mobile Travel Agents Pty Ltd, for their alleged failures to comply with the Franchising Code of Conduct and that each franchisor had paid $16,500.00 in penalties.

As franchisors adapt to the Franchising Code of Conduct introduced on 1 April 2025 (the new Franchising Code), we look ahead to the next round of Code changes coming into effect on 1 November 2025.

In this article we look at some of the important changes to the disclosure obligations of franchisors, arising under the new Franchising Code of Conduct, which came into effect on 1 April 2025 ("the new Code"). 

The Competition and Consumer (Industry Code - Franchising) Regulations 2024, were made on 5 December 2024 and come into effect on 1 April 2025. You can read the regulations here.

Last week while I was busy ensuring that our franchisor clients had updated their profile on the Franchise Disclosure Register, the Federal Government released its consultation paper on a licensing regime for the franchising sector.

As foreshadowed in its response to the 2023 Review of the Franchising Code of Conduct (the Code), the Government has proposed amendments to the current termination provisions of the Code.