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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
9 min read

Understanding Franchise Disclosure Documents: A Comprehensive Guide

By Ana Haarsma on Feb 20, 2024 10:52:38 AM

In this guide we consider the Franchise Disclosure Document and what is required to ensure compliance as a franchisor in Australia.

The Importance of Franchise Disclosure Documents

Key Components of Franchise Disclosure Documents

Common Disclosure Document Issues for Australian Franchisors

Best Practices for Franchise Disclosure Document Management

Topics: Franchising For Franchisors Franchise My Business Compliance
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
4 min read

Legal Requirements To Franchise Your Business

By Stephen Haarsma on Nov 16, 2023 9:57:39 AM

Franchising is complex and highly regulated.

There are many legal requirements that need to be complied with in order to successfully franchise your business. We consider these requirements in more detail below.

Guide to Franchising Your Business

 

Topics: Franchising For Franchisors Franchise My Business Compliance
8 min read

The Challenges of Poorly Performing Franchisees

By Ana Haarsma on Nov 2, 2023 11:37:16 AM

What happens when a franchisee is not living up to expectations? In this article we 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

By Ana Haarsma on Oct 6, 2023 12:13:23 PM

 

Topics: Featured Franchising For Franchisors Franchise My Business
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

Unfair Contract Terms

By Ana Haarsma on Jul 11, 2023 8:48:45 PM

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
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