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Gold Coast office(07) 5529 8803

When expanding your business into Australia it is essential that you engage the services of a franchising lawyer located within the jurisdiction. 

Franchising law in Australia is unique to Australia and a good working knowledge of the applicable law and experience within this jurisdiction is important to help to ensure your business, structure and documents are compliant and do not inadvertently infringe applicable laws.

The Franchising Code of Conduct is the principal law governing franchising in Australia and it is a nationwide law.  Although many other laws may impact upon the franchising relationship such as:

  • The Competition and Consumer Act CTH;
  • Corporations Act Cth;
  • Contract law; and
  • restraint of trade legislation.

Unlike some jurisdictions, which require different disclosure documents in each State or Territory, you will only need one disclosure document throughout the whole of Australia.

A failure to comply with The Franchising Code of Conduct can lead to large penalties (in some cases up to $AU54,000). 

A franchisor (together with all entities carrying on trade in Australia) must also comply with the Competition and Consumer Act which includes provisions relating to a prohibition on misleading and deceptive conduct, unconscionable conduct, price fixing, third lince forcing and retail price maintenance.

latest news

Restraint of Trade not Binding

Nov 04 2020
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 franc...

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Brisbane Office Address: Clarence Chambers,
Level 10, 95 North Quay,
Brisbane QLD 4000

Gold Coast Office Address: Wyndham Corporate Centre
Level 9, 1 Corporate Court
Bundall QLD 4217

Central Post Office Box Address: P.O. Box 428
Oxenford, QLD 4217