Franchising law

  • Overview of marketing funds for franchises

    Overview of marketing funds for franchises

    Discover how the Franchising Code of Conduct affects franchisees and their obligations. Learn what franchisors must now include in their Disclosure Document and how marketing funds must be managed. Get all the details in this informative article.

  • What exactly is a Franchise Agreement?

    What exactly is a Franchise Agreement?

    Franchising agreements are legally binding relationships between franchisors and franchisees. But what makes them different from other agreements? Learn more about the key clauses of the code of conduct that must be observed in order to ensure a successful franchising agreement.

  • Franchisor liability for misleading forecasts

    Franchisor liability for misleading forecasts

    An overview of legal requirements for making forecasts in a franchisor-franchisee relationship, and guidance on how to make forecasts that are legally compliant, are explored in this article. Learn how to protect franchisors and franchisees from legal action.

  • Does a franchise system require registration?

    Does a franchise system require registration?

    This article provides an overview of the legal requirements for franchisors in Australia. Contrary to popular belief, there is no requirement to register a franchise system in the Code, meaning a franchise does not need to be ‘registered’ in Australia.

  • Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Section 23 of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) (Code) limits Franchisors in their ability to include restraint of trade clauses in Franchise Agreements, protecting Franchisees if the Agreement is not renewed. Franchisors must be aware of the implications of this Regulation when deciding not to renew an Agreement.

  • When is a licensee really a franchisee?

    When is a licensee really a franchisee?

    This article dives into the details of franchisor/distributorship relationships, exploring elements, examples, and control needed to determine the distinction. Get insight into what constitutes a system or marketing plan, and learn what type of ‘helpful suggestions’ qualify.

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