The unfair contract terms provisions of the Competition and Consumer Act 2010 (Cth) currently protect consumers from unfair terms of standard form contracts. From 12 November this year, those provisions will be extended to small businesses. So, here is a lowdown on 5 keys things you need to know about how your business may be […]

Buying a franchise is one way to acquire or start a business, which is one of the most important decisions you will make in your life. Most people realise that there are significant financial risks in starting or buying a business. There is also a personal cost as running your own business may involve added […]

I am buying a franchise. Do I need to worry about the structure I use to own and operate the franchise?I am buying a franchise. Do I need to worry about the structure I use to own and operate the franchise? A franchise is one way of running a business but like any business you […]

As unlikely as it may seem, a case between competitor franchisors emphasises yet again the difficulty of franchisees seeking an early exit from a franchise agreement without the consent of the franchisor. It is not something that an existing franchisee should attempt before seeking legal advice from an experienced business or franchise lawyer. In the […]

Acquiring a franchised business, whether it is a new business or purchasing an existing franchise, is an expensive step that requires you as a prospective franchisee to consider many matters. Recognising that you understand that there is risk in starting or buying any business, including a franchised business, you need to make a decision about […]

The unfair contract terms provisions of the Competition and Consumer Act 2010 (Cth) currently protect consumers from unfair terms of standard form contracts. From 12 November this year, those provisions will be extended to small businesses. So, here is a lowdown on 5 keys things you need to know about how your business may be […]

The recent newspaper reports of the closure of two franchised Brumby’s bakery stores in Gladstone and two franchised Brumby’s bakery stores in Rockhampton show that the acquisition and ownership of franchise businesses, even well-known franchise businesses, and the ownership of multiple franchises, is no guarantee of business success and profitability. The newspaper coverage of this […]

Before signing a franchise agreement a person thinking about buying a franchise should consider the risk of the franchisor becoming insolvent during the term of the franchise agreement. The recent placing into administration for unpaid debts of such a high profile franchisor as the Eagle Boys franchisor shows that even franchise networks with widely recognised […]

The recent commencement of legal proceedings by the Australian Competition & Consumer Commission in the Federal Court of Australia against Australia’s second largest motor repair organisation, Ultra Tune, for failing to provide marketing fund financial statements and auditor’s reports to franchisees follows soon after the recent fine imposed on Domino’s Pizza for failing to comply […]

Recent events and developments arising from franchisee underpayment of employees should focus the attention of franchisors on whether the risk of penalties or damages may fall on the franchisor or the franchisee or both parties to a franchise agreement. Recent media reports that Caltex Australia has announced a $20 million fund to compensate underpaid employees […]

Media reports this week that Retail Food Group (RFG), an owner of major national franchise chains such as Gloria Jeans and Michel’s Patisserie, is facing financial difficulties, is a reminder that major franchise chains are not immune from financial difficulties that may impact franchisees. Owning well recognised franchise brands does not make franchisors immune from […]