Dr Michael Schaper, the Deputy Chair of the ACCC has addressed the National Franchise Convention Legal Symposium. His presentation can be viewed here www.accc.gov.au/speech/enforcing-the-franchising-code-recent -activities-proposed-reforms Dr Schaper outlined the current cases being pursued by the ACCC against franchisors and also the case brought against 9 Harvey Norman franchisees for false and misleading representations about consumer guarantees. He outlined that the ACCC has ...

It is anticipated that the changes to the Franchising Code of Conduct will include a monumental change to the enforcement of restraints of trade by franchisors. It looks like the Code will provide that if a franchise agreement allows for a renewal term and the franchisee seeks to renew the franchise on substantially the same terms as the current franchise agreement and: 1. the franchisee was not in breach of the franchise agreement; 2. the franchisee had not infringed the intel...

It is anticipated that the changes to the Franchising Code of Conduct will be finalised at the end of this month. If that is the case, with a commencement date of 1 January, 2015 and a Christmas holiday period in between, November and December may be very busy months indeed. Although the revised Code may not be available til the end of October, we have a pretty good indication of what changes we can expect. In order to avoid a last minute rush during a typically busy time of th...