Franchising Law

Are you ready to franchise your business?

By on 26 April 2016 in Franchising Law with 0 Comments
Are you ready to franchise your business?

Setting up a Franchise system is not easy and straightforward. However, while initially overwhelming, once established and operating effectively it has great benefits and significant rewards. If you have been considering franchising your business, and you are not sure where to start, we recommend that you ask yourself the following questions: “Is my business profitable […]

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Unconscionable conduct in Franchising

By on 30 May 2013 in Franchising Law with 0 Comments
Unconscionable conduct in Franchising

The Australian Competition and Consumer Commission (ACCC) recently released a  “Business Snapshot” on unconscionable conduct to help businesses comply with their obligations under the Competition and Consumer Act. The ACCC’s paper has a direct bearing on franchisors. Case Study – “Hungry” Jack Cowin v Yum! Restaurants Unconscionable conduct is not a new issue in franchising. The most […]

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What’s the difference between Franchising and Licensing?

By on 22 May 2013 in Franchising Law with 0 Comments
What’s the difference between Franchising and Licensing?

I am often asked of the distinction between a “Franchise Agreement” and a “Licence Agreement” (Franchising and Licensing). What is a Franchise Agreement? The key distinction can be found in the definition of “Franchise Agreement” in the Franchising Code of Conduct (“the Code”). It states that an Agreement will be a “Franchise Agreement” if all of the […]

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The Pie Face Franchise Dispute

By on 9 May 2013 in Franchising Law with 0 Comments
The Pie Face Franchise Dispute

Three franchisees of the fast-food chain Pie Face have threatened to launch legal action against the franchisor on grounds of being misled over costs and profits when they first purchased their respective franchises. The franchisees claim their trading figures during the first seven months of trading were totally different to those initially projected by the […]

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Buying a Franchised Business

By on 11 April 2013 in Franchising Law with 0 Comments
Buying a Franchised Business

Franchised businesses differ from other businesses in a number of ways. They offer the ability to run your business using the franchisor’s “system” in a way that allows you to gain benefit from the name, marks, brand, image, and general “know-how” of a well established and generally more expansive organisation. Whilst operating a franchised business […]

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Selling a Franchised Business

By on 1 November 2012 in Franchising Law with 0 Comments
Selling a Franchised Business

Selling your franchised business can be a complex and stressful exercise. The transaction tends to be more complex than the sale of a non-franchised business sale due to the third-party influence of the Franchisor, who under most franchise agreements will have the final say in whether or not your sale can proceed. In some circumstances, […]

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