I have just returned from lecturing the Bond University PLT course about the wonderful world of franchising. Franchising is such an in depth and intricate area of the law, it is difficult to give tomorrow's lawyers a complete understanding of what is involved in the practise of franchising law. I gave them a run down of the services we provide to franchisors including preparing a franchise suite of documents, business structuring, issuing franchise agreements and all of the fro...

So you want to break up with a franchisee? It is not always as easy as just terminating the franchise agreement for a breach. The breach has to be serious enough to warrant the "break up".  Unless the breach falls within the exceptions in the Franchising Code of Conduct, you will need to first allow the franchisee a reasonable time to remedy the breach. The courts may find you are acting unconscionably if you terminate the franchise agreement for a relatively min...

We are often engaged by franchisees who want out! The reasons for this are varied.  They can include breaches of the franchise agreement by the franchisor, not making enough money, sick of it, don't get along with the franchisor, unreasonable demands of the franchisor, business not living up to expectations or promises and the list goes on. So, what can a franchisee do in these circumstances? If you want out of your franchise, we recommend speaking directly with the fr...