The Franchise & Business Lawyers | Franchise Lawyers, Brisbane, Gold Coast

Don’t Sign Blind: How Queensland Retail Tenants Can Lock In Fair Market Rent Before Lease Renewal

Thu, 14 Aug 2025 03:00:00 +0000

If you're a retail tenant in Queensland and your lease is coming up for renewal, there's a smart step you can take before committing and it could protect your business from an unexpected rent hike.It’s called early market rent determination, and if your lease includes a market rent renewal clause, you’re likely entitled to request it under section 27A of the Retail Shop Leases Act 1994 (Qld).Here’s what you need to know and why acting early matters.
What Is Early Market Rent Determination?
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It's Official: ACCC Issues First Major Penalty for Franchise Disclosure Register Breach

Tue, 05 Aug 2025 01:00:00 +0000

The Franchising Code of Conduct requires that a franchisor:Upload the mandatory information in the Franchise Disclosure Register at least 14 days before entering into a franchise agreement;Update that information on an annual basis.We have not previously seen any penalties imposed for a failure to comply with a franchisor’s obligation. However, the ACCC has issued an infringement notice to a Harvey Norman franchisor in Queensland for failing to include the mandatory information on...

Elizabeth Gore-Jones to Present on Australian Consumer Law

Mon, 28 Jul 2025 07:00:00 +0000

Elizabeth Gore-Jones will be presenting about the Australian Consumer Law to the City of Sydney Law Society on the evening of Wednesday, 30 July 2025. This session is designed to provide practitioners and businesses with a deeper understanding of critical ACL provisions.During her presentation, Elizabeth will be examining:The critical differences between section 4 and section 18 of the Australian Consumer Law relating to misleading and deceptive conduct; andThe differences between section 21 ...

Queensland Property Law Act 2023: Major Lease Changes from 1 August 2025

Mon, 14 Jul 2025 06:00:00 +0000

Are you involved in a commercial or retail lease in Queensland?Whether as a landlord, tenant, or property professional, you need to be aware of the big changes coming 1 August 2025.What is Changing?The Property Law Act 2023 (Qld) rewrites the rules and replaces the Property Law Act 1974 effective 1 August 2025.Does This Affect Existing Leases?The new Act applies retrospectively, meaning leases signed before August 2025 could also be impacted. Don’t get caught out! It’s important to review...

The Franchise & Business Lawyers to Present “Franchising and Rights to Occupy”

Wed, 09 Jul 2025 06:00:00 +0000

Elizabeth Gore-Jones has been asked to present at the Queensland Law Society’s Property and Commercial Law Conference this year in Brisbane.Elizabeth’s session will be of great importance for practitioners acting for Franchisors and/or Franchisees. The expert presenter will cover the following points:How the Retail Shop Leases Act impacts a right to occupy and obligations of the Franchisor;Disclosure Requirements of the Right to Occupy under the Franchising Code of Conduct;Franchisors gran...

ACCC Cracks Down: Unfair Contract Terms a Priority for 2025-2026

Tue, 08 Jul 2025 07:00:00 +0000

The ACCC issued a notification on 8 July 2025 outlining the ACCC's enforcement and compliance priorities for the 2025–2026 financial year.The ACCC have made it clear that unfair contract terms in small business contracts, especially focusing on automatic renewals, early termination fee clauses and non-cancellation clauses, will be a focus.They have identified that an early termination fee clause may be unfair in certain circumstances. For instance, if:the fee is higher than the cost of the e...

2025 Franchise Disclosure Updates: Essential Actions for Franchisors

Mon, 07 Jul 2025 04:00:00 +0000

The 2025 franchise disclosure update period officially began on July 1, 2025, and runs until October 31, 2025. This isn't just about minor tweaks; it's about amending your disclosure documents to fully comply with significant legislative changes that came into effect, including those from April 1, 2025. Even if you've already made substantial revisions, all franchisors must still update their disclosure documents during this designated period.While it's worth noting the Key Facts Sheet is no long...

Franchisors Penalised for Breach of Franchising Code of Conduct

Thu, 26 Jun 2025 06:00:00 +0000

Cash Converters and MTA Travel have been penalised for failing to update their information on the Franchise Disclosure Register. The Australian Competition and Consumer Commission (ACCC) has finally taken action, imposing penalties of $16,500 on each franchisor for non-compliance.A Clear Message to the SectorThis move signals to the franchising industry that maintaining up-to-date registration on the Franchise Disclosure Register is non-negotiable. While the penalties may seem modest, they un...

Understanding the 2025 Franchising Code of Conduct: Key Insights

Mon, 02 Jun 2025 03:00:00 +0000

Navigating New Provisions with Expert GuidanceThe franchising law landscape is always changing, and 2025 brought some big updates with the new Franchising Code of Conduct. To ensure practitioners and businesses are well-informed, Elizabeth Gore-Jones, Principal of The Franchise & Business Lawyers, recently delivered an essential presentation to the Queensland Law Society.The area of franchising law in practice has changed significantly with various new provisions commencing over 2025. Thi...

Early Bird Discount: Access Our Online Franchising Code Seminar with Legal Wise Seminars

Tue, 06 May 2025 07:00:00 +0000

With significant updates to the Franchising Code of Conduct now in effect from April 2025, staying compliant is more critical than ever. Access an essential online on-demand seminar starting 12 May 2025, hosted by Legal Wise Seminars and led by Elizabeth Gore-Jones, Founding Partner of The Franchise & Business Lawyers. Act now to claim your 30% early bird discount before Friday, 9 May 2025!What You’ll Learn in the SeminarThis online on-demand session, brought to you by Legal Wise Semina...

Visit the ACCC’s New Small Business Web Page: A Resource for Franchisors and Franchisees

Mon, 28 Apr 2025 04:00:00 +0000

The Australian Competition and Consumer Commission (ACCC) has long prioritized supporting small businesses, including those in the franchising sector. Recently, the ACCC launched a new small business web page designed to provide franchisors and franchisees with a centralized, easy-to-navigate resource. This page offers key information, tools, and guidance to help you understand your rights and responsibilities when dealing with customers, competitors, and suppliers.What’s on the New ACCC Sm...

Franchising Code Refund Changes 2025: What Franchisors and Franchisees Need to Know

Fri, 04 Apr 2025 07:00:00 +0000

The new Franchising Code of Conduct, effective as of 1 April 2025, continues to keep both franchisors and franchisees on their toes with drafting anomalies that may lead to unintended consequences. One significant change relates to payments made by franchisees before entering into a franchise agreement.How Refunds Have Changed Under the New CodeUnder the previous Franchising Code, franchisees were entitled to a full refund of any amount paid before receiving disclosure or within 14 days of re...

Franchising Code Changes 2025: What Franchisors Need to Know by 1 April 2024

Fri, 21 Mar 2025 05:00:00 +0000

Prepare for the Franchising Code changes starting 1 April 2025 The new Franchising Code of Conduct takes effect on 1 April 2025, introducing several changes that franchisors must address to stay compliant. From updating disclosure documents to discarding Key Facts Sheets, here’s what you need to know. Key Changes Effective 1 April 2025 Franchisors should be aware of the following updates starting 1 April 2025: Update your Franchise Disclosure Register listing to mee...

Join Us at LegalWise Seminars: Discussing Changes to the Franchising Code

Thu, 20 Mar 2025 02:00:00 +0000

Join Elizabeth Gore-Jones at LegalWise Seminars on 25 March 2025

Elizabeth Gore-Jones from The Franchise & Business Lawyers will discuss Franchising Code updates at LegalWise Seminars. Join us online, 9:00am-11:15am, for $3

Franchisee Opt-Out 2025: Skipping Disclosure and Cooling-Off Periods

Thu, 13 Mar 2025 04:00:00 +0000

Under the updated franchise regulations effective in 2025, franchisees renewing or extending agreements can opt out of receiving disclosure documents and cooling-off periods. This change benefits both franchisors and franchisees by reducing delays. Here’s how it works and what to consider.Who Can Opt Out and How?Franchisees can opt out if:They are renewing or extending a franchise agreement that is the same or substantially the same as the previous agreement.The business operated remains th...

Key Facts Sheet Removal 2025: A Win for Franchisors

Thu, 13 Mar 2025 02:00:00 +0000

Franchisors rejoice: the Key Facts Sheet is gone!Hallelujah! As of 1 April 2025, the Key Facts Sheet is officially gone. Franchisors are no longer required to prepare, maintain, or provide this document, marking a significant step in simplifying compliance requirements.What Does This Mean for Franchisors?The removal of the Key Facts Sheet streamlines franchisor obligations by:Eliminating the need to create and update the Key Facts Sheet annually.Reducing administrative burdens tied to disclos...

Franchisor Name and Shame: New ASBFEO Powers Under Scrutiny

Wed, 12 Mar 2025 01:00:00 +0000

The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) has gained new Franchisor Name and Shame powers under the updated Franchising Code. These powers allow ASBFEO to publicly call out franchisors who refuse or withdraw from alternative dispute resolution (ADR). Here’s what this means for franchisors and franchisees. What Are the New ASBFEO Powers? If a franchisor refuses to engage in or withdraws from an ADR process, ASBFEO can publish this behavior at its...

Franchising Code of Conduct 2025: Day 1 – National Franchise Disclosure Register Updates

Wed, 12 Mar 2025 00:00:00 +0000

The new Franchising Code of Conduct 2025 takes effect on 1 April 2025, bringing significant updates for franchisors. To help you prepare, The Franchise & Business Lawyers will post daily updates on the Code and the steps franchisors need to take leading up to its commencement. Today, we’re focusing on changes to the National Franchise Disclosure Register.What’s Changing for the National Franchise Disclosure Register?Starting 1 April 2025, the following updates will apply to the Nation...

ACCC Website Review: Avoid Consumer Guarantee Pitfalls

Fri, 07 Mar 2025 02:00:00 +0000

The ACCC is cracking down on business websites, reviewing terms and conditions to ensure they align with consumer guarantee laws. As websites are in the public domain, regulators like the ACCC can scrutinize them at any time. Don’t let your business become a target for penalties or enforcement action—here’s what you need to know. What the ACCC Found in its Website Review The ACCC recently conducted a review of business websites and identified common issues that ...

Beware the Subscription Trap: How Misleading Conduct Can Cost Your Business

Thu, 06 Mar 2025 06:00:00 +0000

Subscriptions can be a convenient business model—until they cross the line into misleading and deceptive conduct. When a customer thinks they’re buying a single item but ends up locked into unwanted charges, your business could face serious legal risks. The Australian Competition and Consumer Commission (ACCC) recently took action against The Bradford Exchange Ltd, highlighting the dangers of so-called 'subscription traps.' Here’s what businesses need to know to s...

Franchise Disclosure Register

Mon, 04 Nov 2024 02:00:00 +0000

Franchisors, don’t forget you need to update your registration on the Franchise Disclosure Register by no later than 14 November 2024. Need assistance? Contact us for more information. (07) 3180 0150 https://www.thefranchiseandbusinesslawyers.com.au ...

Is Franchising about to become a whole lot easier?

Fri, 11 Oct 2024 06:00:00 +0000

The Government has released the draft of the anticipated new Franchising Code of Conduct. It is open for comment. The proposed commencement date is 1 April 2025 The Franchising Code of Conduct exposure draft has been released by the Government to implement the Governments response to the independent review of the Franchising Code of Conduct. Current Franchisee disclosure on renewal One exciting development is that a prospective Franchisee can opt out of being provided with the updated di...

Update: Elizabeth Quoted in a Real Commercial News Article

Fri, 20 Sep 2024 00:30:00 +0000

Elizabeth has been quoted in a Real Commercial news article. Read the full piece to learn about her insights on how company success stories may positively impact the Australian market!

Adapting to Change: How SMEs Can Navigate the Upcoming Privacy Act Reforms

Wed, 04 Sep 2024 00:00:00 +0000

With the Privacy Act’s small business exemption ending, SMEs must act now to align with new data protection laws and avoid penalties

Exciting News: Elizabeth Featured in Forge Magazine on Franchising in Australia!

Tue, 03 Sep 2024 05:00:00 +0000

Browse Forge’s new issue to read about Elizabeth’s featured insights about franchising in Australia. Article starts at page 48 onwards!

Embracing the Right to Disconnect: What Business Owners Need to Know

Mon, 02 Sep 2024 00:30:00 +0000

Business owners must be aware and comply with the new Right to Disconnect laws in order to avoid penalties from the Fair Work Commission.

Client Testimonial Spotlight: John McSweyn

Tue, 20 Aug 2024 02:00:00 +0000

At The Franchise & Business Lawyers, we pride ourselves on providing not only expert legal advice but also a personalised and caring approach. Contact us to see how we can support your business aspirations!

Sushi Outlets Fined for $15.3M for Exploitation of Vulnerable Migrant Workers

Wed, 07 Aug 2024 04:00:00 +0000

Franchisors should ensure compliance of their franchisees to Vulnerable Workers Legislation to avoid liability.

FWO Recovers Over $58,000 for Underpaid Melbourne Food Staff

Fri, 02 Aug 2024 01:00:00 +0000

Franchisors should establish proper checks and protections in their franchise documents to ensure that franchisees adhere to legal standards and to avoid liability for franchisee violations.

End of Financial Year Documents Preparation and Update: What Franchisors Need to Know

Wed, 31 Jul 2024 22:00:00 +0000

Franchisors need to prepare and update their marketing fund statements, disclosure document and key facts sheet and Franchise Disclosure Register listing in order to stay compliant with Australian business law.

Court Rules Against PayPal Australia for an Unfair Contract Term

Thu, 11 Jul 2024 00:00:00 +0000

Business owners should regularly review contracts for unfair terms and ensure transparency in dealings to avoid legal issues and protect their interests.

Happy New Financial Year: What You Need to Consider for FY 2024-2025

Mon, 01 Jul 2024 03:20:00 +0000

The Franchise & Business Lawyers wishes you a happy financial new year for 2024 and 2025! Kick off this new chapter by reading a few important reminders for a prosperous and legally sound new financial year.

Client Email Feedback

Tue, 25 Jun 2024 05:30:00 +0000

At The Franchise & Business Lawyers, we strive to provide not only professional expertise but also a personal touch in every interaction. Whether you are navigating franchising or business law, we are here to help every step of the way. Contact u

Coffee Shop Chain Fined $1.44 Million for Franchisees' Underpayment Violations

Fri, 14 Jun 2024 03:00:00 +0000

Franchisors shall actively monitor and enforce compliance within their franchise networks so that non-compliance and violations do not become accepted practice.

Franchisors, Be Prepared for the Disclosure Update Period!

Wed, 12 Jun 2024 00:00:00 +0000

Franchisors should start getting ready for the disclosure period this financial year in order to stay compliant with laws and regulations.

Client Testimonial Spotlight: Christopher Nield

Mon, 10 Jun 2024 04:00:00 +0000

At The Franchise & Business Lawyers, we pride ourselves on our professionalism, expertise, and unwavering focus on our clients' goals. Ready to experience our services? Contact us today—you won’t be disappointed!

Is the Franchise Disclosure Register a Waste of Time?

Fri, 31 May 2024 00:00:00 +0000

The Franchise Disclosure Register, operational since November 2023, has proven difficult to navigate and compare franchises. Was its creation a waste of time and money? Share your thoughts below.

All About Shareholder Agreements: Why It Is Essential to Your Business

Tue, 28 May 2024 05:00:00 +0000

A shareholder agreement is crucial for a business, defining roles, share sales, dispute resolution, and more. It prevents conflicts and ensures clarity. Business owners shall repare it before disputes arise.

What Is Mediation Anyway?: Understanding the Process of Alternative Dispute Resolution in Franchise Disputes

Fri, 24 May 2024 00:00:00 +0000

Mediation in franchise disputes is a cost-effective, timely alternative outlined in the Franchising Code of Conduct, fostering resolution between parties.

Client Review: Garry Allsopp

Thu, 23 May 2024 04:30:00 +0000

We're honored to receive such positive feedback from one of our esteemed clients! Being involved in establishing national franchise networks demands meticulous attention to detail and clear, compliant documentation. At The Franchise & Business Lawyers, we strive to provide precisely that. Thank you for acknowledging Elizabeth's expertise in navigating complex franchise document requirements and ensuring clarity for both franchisors and candidates. We are committed to being there...

Resale Price Maintenance Exposed: Four-Wheel Drive Accessory Manufacturers Held Accountable

Fri, 17 May 2024 05:00:00 +0000

Business owners should not engage in resale price maintenance to avoid enforcement actions for violations of Australian consumer and competition laws.

Navigating Statutory Demands: Collecting Money Owed by a Company

Mon, 13 May 2024 00:00:00 +0000

Business owners must promptly address statutory demands, seeking legal counsel if necessary, to avoid serious consequences like winding up.

ACCC Rejects Bakers Delight's Price Tiering Proposal in New Point-Of-Sale System

Fri, 10 May 2024 00:00:00 +0000

Franchisors shall navigate business changes carefully, ensuring alignment with consumer welfare and market dynamics to avoid regulatory scrutiny.

The Franchise & Business Lawyers' Report Card

Thu, 09 May 2024 00:00:00 +0000

If you are looking for legal expertise combined with genuine care, give The Franchise & Business Lawyers a shot - you'll be glad you did.

How Will the Government Response to the Review of the Franchising Code of Conduct Affect You?

Tue, 07 May 2024 04:50:00 +0000

Franchisors and franchisees alike should be aware of what to expect from the independent review of the Franchising Code of Conduct in order to successfully navigate the evolving world of franchising.

Congratulations, Elizabeth!

Thu, 02 May 2024 04:00:00 +0000

Elizabeth has been appointed as the Deputy Chair for the Queensland Law Society Franchising Law Committee!

Another Satisfied Client Speaks Out!

Fri, 19 Apr 2024 02:30:00 +0000

Reach out to The Franchise & Business Lawyers for exceptional and genuine assistance for your franchise and business legal needs!

Do Not Engage in Misleading and Deceptive Conduct: Lessons from the DG Institute Case

Tue, 16 Apr 2024 00:00:00 +0000

Business owners should not engage in misleading and deceptive conduct to avoid incurring legal consequences.

Navigating Unfair Contract Terms in Australian Insurance Law: ASIC v Auto & General Insurance Company Limited [2024] FCA 272

Fri, 12 Apr 2024 00:30:00 +0000

Business owners facing issues with unfair contract terms should seek legal guidance. Understanding obligations and rights ensures fair dealings and compliance.

A Testament to Excellence: Client Spotlight

Mon, 08 Apr 2024 00:00:00 +0000

Experience top-notch legal support with a personal touch and a commitment to excellence, integrity, and efficiency with The Franchise & Business Lawyers.

Empowering Insights: Elizabeth Gore-Jones Shines at Legalwise Seminars on Franchising Law

Fri, 05 Apr 2024 00:00:00 +0000

The Franchise & Business Lawyers' principal, Elizabeth Gore-Jones, shared invaluable insights at the Legalwise Seminars on franchising law. Attendees praised her expertise and presentation.

Victorian Franchisee vs. Department of Health: Jim's Mowing Legal Battle Ends in Tribunal Dismissal

Thu, 04 Apr 2024 00:00:00 +0000

Franchisees should seek comprehensive legal guidance and representation during unprecedented times.

McDonald's Faces A $100M Class Action Lawsuit Over Unpaid Pre- and After-Shift Tasks

Wed, 03 Apr 2024 00:00:00 +0000

Franchisors and franchisees alike should ensure adherence to ethical labour practices and other regulations to mitigate the risk of costly legal repercussions.

Happy Easter from The Franchise & Business Lawyers!

Thu, 28 Mar 2024 00:00:00 +0000

Hoppy Easter from The Franchise & Business Lawyers! May your day be filled with joy, love, and the spirit of renewal.

We've Hit The 12-Year Mark!

Fri, 22 Mar 2024 04:00:00 +0000

The Franchise & Business Lawyers celebrates its twelfth year of legal excellence by honoring its storied past, enjoying its thriving present, and looking forward to its bright future.

Online Florist Fined For Misleading Online Practices

Mon, 18 Mar 2024 00:00:00 +0000

Business owners, do not engage in misleading and deceptive practices in order to avoid hefty penalties.

Business Health Check

Fri, 15 Mar 2024 00:00:00 +0000

Businesses, whether already operational or just starting out, should conduct a regular business health check to stay on track,

Did You Know? Franchising Law Is A National Law

Thu, 14 Mar 2024 00:00:00 +0000

Franchising law in Australia is national, enabling us to assist franchisors and franchisees across the country. With virtual technology, in-person meetings are unnecessary, making business more efficient. Reach out to us!

Leasing Tip: Condition of Premises at the End of the Term

Wed, 13 Mar 2024 02:00:00 +0000

Tenants in commercial and retail shop leases should be aware of the requirements of returning a premises to a certain condition at the end of the term in order to avoid disputes and ensure smooth transition.

Understanding Refurbishment Clauses in Commercial and Retail Shop Leases: What You Need to Know

Tue, 12 Mar 2024 02:00:00 +0000

Most commercial and retail shop leases provide that a tenant is required to refurbish the premises throughout the term of the lease. It is important that the tenant is aware of the following: 1. When the refurbishment is required to take place. For example, the lease may provide that a tenant is required to do this every 3 years or just before the lease comes to an end; and 2. What refurbishment requires. For example, refurbishmen...

Early Determination of Rent: A Crucial Step in Lease Negotiations

Mon, 11 Mar 2024 02:00:00 +0000

Early determination can provide clarity for both landlords and tenants, potentially avoiding disputes and aiding decision-making.

Happy International Women's Day!

Fri, 08 Mar 2024 04:00:00 +0000

Happy International Women's Day from the fierce and empowered all-women team of the Franchise & Business Lawyers!

Our Clients' Satisfaction Is Our Top Priority

Fri, 08 Mar 2024 00:00:00 +0000

We are thrilled by glowing feedback! At The Franchise & Business Lawyers, we offer personalized service and expertise. Elizabeth Gore-Jones's dedication sets us apart. Trust us for your legal needs.

Breaking News: Ultra Tune Fined $1.5 Million for Contempt of Court

Mon, 04 Mar 2024 05:00:00 +0000

Franchisors must adhere to regulatory requirements in order to avoid breaches of the law and their subsequent penalties.

Navigating Misleading Representations in Business Sales: Lessons from a Queensland Court of Appeal Case

Fri, 01 Mar 2024 00:00:00 +0000

A recent QLD CA case highlights the need for diligence in business sales, emphasizing reliance and causation for Australian and Consumer Law relief.

Putting Your Business First

Thu, 29 Feb 2024 04:00:00 +0000

We are grateful for the trust our clients place in us to handle their franchise business needs. Thank you for sharing your experience! At The Franchise & Business Lawyers, client satisfaction is our top priority. We are proud to have Elizabeth Gore-Jones leading our team, delivering competence, sound advice and a commitment to your best interests. We are also focused on achieving the right outcomes without unnecessary fees. Your success is our success, and we are dedicated to minimising...

Client Spotlight

Fri, 23 Feb 2024 04:00:00 +0000

When urgency strikes, count on us to deliver! Elizabeth, our principal at The Franchise & Business Lawyers, always goes above and beyond to assist a client in need even with very short notice. If you are in need of swift and dedicated legal support, we are here for you. Our clients highly recommend reaching out to us for all your legal needs. Reach out to us today – because when time matters, so does expertise! #clientreview #legalexcellence #satisfactionguaran...

Why Invest In A Franchise Lawyer: Case Study 2

Wed, 21 Feb 2024 00:00:00 +0000

Franchisees should invest in a franchise lawyer in franchise disputes, where self-negotiation can be challenging due to power imbalances, stress, and lack of legal knowledge, to unveil unexplored options and ensure effective representation.

Why Invest In a Franchise Lawyer: Case Study 1

Mon, 19 Feb 2024 04:00:00 +0000

It is important for franchisees to engage a franchising lawyer, with a deep understanding of Australian franchising law, to arrive at quick and convenient solutions in franchise disputes.

ACCC Welcomes Designated Complaints Legislation

Thu, 15 Feb 2024 04:00:00 +0000

Franchisors should be aware of the proposed designated complaints legislation to avoid hefty penalties tin the future.

Vendor Finance

Wed, 14 Feb 2024 00:00:00 +0000

Vendors/lenders shall be aware of the steps to protect their interests in vendor finance and actions in case of borrower's default.

Exclusive or Non-Exclusive Territories in Franchise Systems

Mon, 12 Feb 2024 00:00:00 +0000

Over the past 20 years, franchisors have increasingly favored exclusive marketing territories over exclusive territories, reducing disputes and enabling flexibility in service provision and marketing reach.

Dr. Schaper Releases Independent Review on the Franchising Code of Conduct

Fri, 09 Feb 2024 03:00:00 +0000

Dr. Michael Schaper's independent review of the Franchising Code of Conduct urges its remake, discourages sunset in 2025, and proposes changes to existing provisions.

A Cautionary Tale: Lessons From Honda Australia's Misleading and Deceptive Conduct

Thu, 08 Feb 2024 03:00:00 +0000

Franchisors should not engage in misleading and deceptive conduct to avoid incurring hefty penalties.

Franchisors Must Have Guarantors Sign Off on Changes to Documents

Wed, 07 Feb 2024 00:00:00 +0000

Franchisors must have guarantors sign off on changes to documents to avoid absolutely releasing the latter from liability.

Unfair Contract Terms Are a Priority for the ACCC

Wed, 31 Jan 2024 00:00:00 +0000

The Unfair Contract Terms are a priority for the ACCC and, as such, all businesses entering into standard-form contracts should be aware and should review their documentation.

Unfair Contract Terms Apply to Leases

Tue, 30 Jan 2024 00:00:00 +0000

Landlords and tenants should be aware that the new Unfair Contract Terms legislation applies to leases in order to avoid penalties.

Beware of False Online Reviews

Fri, 26 Jan 2024 00:00:00 +0000

Businesses should beware of making false online reviews to avoid violation of the Australian Consumer Law and suffering consequences.

ACCC Investigating Social Media Influencers and Businesses

Thu, 25 Jan 2024 00:00:00 +0000

ACCC investigates social media influencers and businesses for misleading or deceptive advertising.

Business Owners, Don't Fall Into the Airbnb Trap!

Wed, 24 Jan 2024 00:00:00 +0000

Business owners should not fall into the Airbnb trap of making false or misleading representations about their businesses.

Unlocking Franchising Insights: Elizabeth’s Joint Legalwise Presentation on Practical Strategies for Tackling Unfair Contract Terms in Franchise Agreements

Tue, 23 Jan 2024 01:00:00 +0000

Elizabeth shares her franchising law expertise once more at this year's Legalwise Seminar titled “In Conversation: Practical Strategies for Tackling Unfair Contract Terms in Franchise Agreements.”

Is It a Licence or a Franchise?

Thu, 18 Jan 2024 02:00:00 +0000

People often mistakenly enter into a licence or distribution agreement when it is in fact a franchise agreement. Learn how to determine the nature of your agreement so you can avoid consequences.

ACCC Media Release: Franchisors Warned to Remove Unfair Contract Terms or Risk legal Action

Fri, 15 Dec 2023 05:00:00 +0000

ACCC urges franchisors to immediately review and amend their standard form franchise agreements for unfair contract terms to prevent legal action.

Franchisor Fined for Marketing Fund Failures

Thu, 14 Dec 2023 03:00:00 +0000

Delicia Franchising was fined by the ACCC for marketing fund failures including insufficient details in its Annual Marketing Fund Statements and failure to provide financial statements within 30 days.

12 Days of Legal Christmas

Wed, 06 Dec 2023 05:10:00 +0000

Unwrapping the 12 Days of Legal Christmas!
Join us on a festive journey through contracts, leases, and franchise joys.
Celebrate the season of legality with a touch of holiday spirit! ???
Merry Christmas and a Happy New Year from all of us at The Franchise & Business Lawyers! ...

Avoid Resale Price Maintenance

Tue, 05 Dec 2023 00:00:00 +0000

ACCC imposed a $15M penalty on Techtronic for engaging in resale price maintenance. Franchisors who are not aware of this prohibition should seek guidance to ensure compliance and avoid hefty fines.

Franchisees Burying Head in the Sand

Wed, 29 Nov 2023 03:00:00 +0000

Franchisees owing money to their franchisors should respond to the franchisor's communication, attempt to negotiate a payment plan or a reduction of debt and respond to court processes in order to settle debts and prevent a default judgment, a bad cred

How to Get Out of a Franchise Agreement

Thu, 16 Nov 2023 00:00:00 +0000

The term of a Franchise Agreement is generally between three to 10 years, with an average of five years.
There are various methods by which a Franchisee may get out of their Franchise Agreement before the end of the term.

National Franchise Disclosure Register 2023 Update

Fri, 10 Nov 2023 05:00:00 +0000

If you are a franchisor, you need to update your National Franchise Disclosure Register information by no later than 14 November 2023.

We are able to assist you in this regard.

Beware the Unfair Contract Terms Legislation: Is Your Business Prepared for It?

Thu, 09 Nov 2023 05:00:00 +0000

The Unfair Contract Terms Legislation starts on 10 November 2023;
If you use standard contracts in your business you may be caught by the new law;
If you have unfair contract terms in your contracts you could be penalised up<

Are Business Owners Sitting on a Ticking Time Bomb?

Thu, 09 Nov 2023 00:00:00 +0000

Many business owners are unaware of the upcoming Unfair Contract Term legislation on 10 November, penalising unfair contract terms for up to $50 million. Business owners should ensure compliance to this law as soon as possible.

Unfair Contract Term Legislation In Effect Soon

Mon, 06 Nov 2023 04:00:00 +0000

Unfair contract terms legislation is coming into effect on 10 November. Contact The Franchise & Business Lawyers for your UCT review!

Resale Price Maintenance: What Should Franchisors Be Aware Of

Thu, 02 Nov 2023 21:45:00 +0000

ACCC takes a strong stance against resale price maintenance! Learn how Brilliant Lighting's court-enforceable undertaking sets a precedent against anti-competitive practices, safeguarding consumer interests, and sending a clear message to franchisors.

Unfair Contract Terms on the ACCC Radar

Fri, 11 Aug 2023 03:00:00 +0000

If you needed another reason to review your contract term then the ACCC have just given you one. The ACCC have announced that its key compliance and enforcement priorities for the 2023 – 24 financial year will include unfair contract terms in business contracts. This is of no surprise with the new unfair contract terms legislation coming into effect on 9 November 2023. It does serve as a warning to all business owners who enter into standard form contracts tha...

What is an Unfair Contract Term?

Tue, 08 Aug 2023 22:10:00 +0000

We examine examples of unfair contract terms that may result in a large fine.

Could your contract bring you a $50 million fine?

Tue, 01 Aug 2023 19:20:00 +0000

Changes to the law come into effect on 9 November 2023. If you have standard form contracts they must not contain unfair contract terms on or after this date or you could incur large fines.

Franchisor liability for Franchisee Employee Underpayments

Mon, 17 Jul 2023 21:30:00 +0000

The Fair Work Ombudsman is pursuing Bakers Delight for a failure by its franchisee to pay employees

Recent Franchise Case Law Overview and Disclosure Update Season 2023

Wed, 12 Jul 2023 04:00:00 +0000

Keep up to date with recent franchising case law and the requirements of the Disclosure Update Season

Franchise Disclosure Season has Started!

Tue, 04 Jul 2023 05:40:00 +0000

The Franchise Disclosure Season runs from 1 July until 31 October, what do Franchisors need to do?

Franchises: Key Considerations when Buying and Selling

Thu, 09 Mar 2023 17:30:00 +0000

Elizabeth Gore-Jones has been asked to present for Legalwise Seminars at a legal seminar about the key considerations when buying or selling a franchised business.