The allure of generating income from a subscription base, operating a marketplace or your own e-commerce venture is strong and for good reason. The success stories of tech scale ups and the unicorns in this space are many, but so are the failures. If this is the path you are considering taking or have already taken, Dundas Lawyers® can help you understand the costs of drafting documents, maintaining compliance and set out a timeline to deliver on your requirements. Thereby helping you with your business plan and giving you the tools to manage your cashflow. Listed below, are some of the most important legal considerations for scale ups:
- Entity structure and asset protection;
- intellectual property and confidentiality;
- contracts;
- privacy; and
- compliance.
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 scale up. 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 forensic case preparation;
- 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 scale ups, 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
- Competition and Consumer Act 2010 (Cth)
- Competition and Consumer Regulations 2010 (Cth)
- Personal Property Securities Act 2009 (Cth)
- Personal Property Securities Regulations 2010 (Cth)
- Income Tax Assessment Act 1997 (Cth)
- A New Tax System (Goods And Services Tax) Act 1999 (Cth)
- Competition and Consumer (Industry Codes-Franchising) Regulation 2014
- Franchise Code of Conduct
Recent insights for scale ups
-
Changes 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. Read more
-
Failure to disclose – ACCC issues penalties against Jim’s Group
Jim’s Group Pty Ltd fined $24,420 by The Australian Competition and Consumer Commission (ACCC) for alleged breaches of Competition and Consumer Regulation and misrepresentation of cooling off rights. Franchisors reminded to know their rights and obligations or face hefty financial penalties. Read more
-
New Franchise Disclosure Register
The Federal Government has proposed regulations for franchisors, including the creation of a Franchise Disclosure Register. Find out what this could mean for the franchising sector and how you could be affected. Read more
-
Franchising Code changes in force
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. Read more
-
Who is an “officer” in business dealings?
The High Court’s decision in Deputy Commissioner v Huang [2021] HCA 43 confirms the Federal Court may make worldwide asset freezing orders. This is an important development in Australian law. Read more
-
What are cooperative marketing funds?
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. Read more
Recent Federal Court decisions regarding scale ups
-
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…
-
Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA 576
INDUSTRIAL LAW – determination of civil penalties for admitted breaches of s 558B(1) of the Fair Work Act 2009 (Cth) by the respondent as “responsible franchisor” – whether breaches of record keeping obligations set out in the Fair Work Regulations 2009 (Cth) could be considered a single contravention by operation of s 557(1) – whether…
-
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.