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...
Posted
on 18 September 2014
The revised Franchising Code of Conduct is expected to be finalised within the next few weeks.
The changes are anticipated to come into effect from 1 January, 2015.
Franchisors are stil required to have revised their current disclosure documents by the end of October, 2014 in accordance with the requirements of the current Franchising Code of Conduct.
However, Franchisors will need to have reviewed their disclosure documents yet again to reflect the new Code amendments by 1 Jan...