Posted by Elizabeth Gore-Jones
on 22 May 2015
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...
Posted by Elizabeth Gore-Jones
on 21 May 2015
The scenario:
1. a buyer is buying an existing franchised business from an existing franchisee;
2. the franchisor requires ther buyer to enter into a new franchise agreement rather than a transfer or assignment of the existing franchisee's franchise agreement.
The question:
Is the buyer entitled to a seven day cooling off period?
The Law:
The Franchising Code of Conduct is clear that a franchisee has a 7 day cooling off period from the earlier of entering into t...
Posted by Elizabeth Gore-Jones
on 22 February 2015
People are often surprised that a director, employee or anyone involved in a breach of certain provisions of the Competition and Consumer Act 2010 Cth (the "Act") can be liable for those breaches.
It is often mistakenly believed that, as the franchisor is a company, the people working for or on behalf of the company cannot be personally liable.
If a person, amongst other things, has "aided, abetted, counseled or procured a person to contravene" or "ha...
