Unfair Restraint of Trade struck down The Back In Motion Physiotherapy Franchise Agreements contained a clause preventing an ex-franchisee from competing within 10 kms of any Back In Motion Physiotherapy franchise for 12 months after the franchise agreement came to an end. The ACCC Deputy Chair Mick Keogh said that the effect of the clause was that former franchisees would not be able to operate in many metropolitan areas of Australia because there were so many Back In Motion Physiother...

The Franchising Code of Conduct requires that a franchisor advise a franchisee in writing at least 6 months before the end of the franchise term whether or not the franchisor intends to renew or extend the franchise agreement. A failure to comply with this clause can attract a maximum financial penalty of $63,000. Bob Jane Corporation failed to notify some of its franchisees in accordance with the above requirements. Bob Jane gave a court enforceable undertaking that it would comply w...