Franchising

Unfair Contract Terms – Small Business & Franchise Agreements

Under the Australian Consumer Laws (the “ACL”) there are laws prohibiting unfair contract terms in consumer contracts.  From November 2016, the unfair contract regime will now extend to small business contracts. A “small business contract” is where the contract has the following features: The amount payable under the contract is less than upfront $300,000 or $1,000,000 …

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"What is a Franchise Agreement?" – A reminder after Workplace Safety Australia v Simple OHS Solutions Pty Limited

I often receive calls from new clients seeking advice as to how they can expand their business.  Of those, I am often asked whether their plans may be a franchise. Often, there is a fear or concern about establishing a franchise given the perceived difficulties and regulation surrounding franchising in Australia.

Disclosure Documents – The Importance of Being Earnest and Current

Franchising, as a way of doing business, can be very financially rewarding. When things go wrong though, the source of the problem can often be traced back to the beginning, when the franchise was being set up. Amongst the number of important elements to consider, the franchisor needs to ensure that a Franchise Disclosure Document …

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Good Faith in Franchising

From 2006-2013 there have been multiple government enquiries at a State and Federal level into franchising. Again in 2013 a Federal enquiry is currently taking place into, among other things, good faith in franchising.

Franchise Law – Insolvent Franchisors

The Borders and Angus Robertson Administration should be of interest to all Franchisees. The appointment of Administrators to the RED Group has a potential impact for all Franchise business trading under the Boarders and Angus Robertson banner.

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