Posted by Elizabeth Gore-Jones
on 20 February 2015
There are no hard set rules defining when conduct is unconscionable.
More often than not, we look to case law to help to determine if certain conduct is unconscionable.
Behaviour held to be unconscionable
In a recent case* brought by the ACCC against a franchisor, its director and one of its employees the Court held that, amongst other things, the following behaviour of the franchisor was unconscionable:
1. failing to pay the franchisee for work it had completed when the cu...
Posted by Elizabeth Gore-Jones
on 16 February 2015
Surprisingly, Australia is one of the most franchised nations in the World.
With Australians embracing franchising so much, potential franchisees are spoilt for choice.
So, how do you choose the franchise system to invest in?
Below is a checklist of some of the matters potential franchisees should be considering in their decision making process.
1. Self-Audit
Firstly, a potential franchisee should assess whether they are made to be franchisees.
Generally speaking a ...
Posted by Elizabeth Gore-Jones
on 12 February 2015
This is a list of some considerations in determining if your business can be franchised:
1. How old is the business?
A rule of thumb is that the business should be operating for at least 3 years before it is franchised.
Whilst this is not set in stone, it does allow for the business owner to:
(a) determine if the business is a success;
(b) determine if the business earns sufficient money;
(c) make alot of mistakes in operating the business and find solutions for those mis...
