Dundas Lawyers® advises Franchisors and Franchisees on all aspects of “Franchising Law” and compliance with the Franchising Code of Conduct as enforced by the Australian Competition and Consumer and Commission. The activities of Franchisors and Franchisees are regulated pursuant to the Competition and Consumer Act 2010 (Cth) which has superseded the Trade Practices Act 1974 (Cth). Our services include, but are not limited to, entity selection and intellectual property protection, creation of franchise systems, franchise development and advice on the requirements of a franchisor.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business in franchising law and compliance. Some of the reasons clients choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise creating franchise systems;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in franchising law and compliance, please phone our team on either 1300 386 529 or 07 3221 0013.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Legislation
Recent insights for franchisors
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Franchisors must provide franchisees a reasonable opportunity to make a ROI
Recent reforms to the Franchising Code of Conduct introduced a new obligation requiring franchisors to give franchisees a reasonable opportunity to make a return on their investment (ROI). This change reflects concern that some franchise arrangements required franchisees to make substantial upfront investments without a realistic opportunity to make a return on this investment.
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Updates to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to “sunset” (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect on the same date.
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Franchising Code amendments now in effect
The Department of Industry, Science, Energy and Resources proposed amendments to the Franchising Code of Conduct. These includes a broader Alternative Dispute Resolution process, a key facts sheet, extended cooling off period, limits on capital expenditure requirements and increased civil penalties for non-compliance.
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Cooperative marketing funds – what are they?
Franchisors must be aware of their obligations when managing cooperative marketing funds. Learn more about the regulations and potential penalties for non-compliance with the Franchising Code.
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Handling pre-contractual representations in franchising
This case serves as a warning to franchisors to be mindful of their pre-contractual representations. Find out what happened and why the Franchisor was awarded over $650,000 in damages.
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Renewing vs extending a franchise – key differences
Discover the two end of term arrangements for Franchise Agreements under the Franchising Code of Conduct and the obligations of the Franchisor. Learn more about renewal and extension processes and the notification period relevant to each.
Recent Federal Court decisions regarding franchisors
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Pilatus Training Solutions Australia Pty Ltd v Secure & Innovate Group Pty Ltd [2024] FCA 1294
DISCOVERY – application for preliminary discovery – where documents sought to determine whether to commence proceedings for copyright infringement and breach of confidence – whether anticipated copyright claim would be defeated by s 183 of the Copyright Act (Cth) – whether confidential information adequately defined Related cases on preliminary discovery
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Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (Trial Judgment) [2024] FCA 1265
CONTRACTS – alleged oral contracts between franchisee and franchisor – whether applicants’ evidence concerning disputed conversations should be accepted – application dismissed EVIDENCE – where all witnesses who gave evidence of conversations did so in indirect speech, except on the rare occasions where the witness gave evidence of a verbatim recollection of the words actually…
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Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Orders) [2023] FCA 500
Federal Court orders franchise agreement void, personal guarantees declared void ab initio. Awards of $1.8M, $1.9M and $1.5M in compensation made, and further orders issued.
