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    1300 MST LAW

  • Franchise Law

    Changes To The NSW Retail Leasing Legislation

    Earlier this year, the NSW parliament passed legislation to change the Retail Leases Act 1994. The updated legislation will take effect on 1 July 2017 and will introduce significant reforms to the Retail Leases Act that will affect landlords and tenants of retail premises in NSW.






    Combating Adverse Brand Perception

    Businesses today face many challenges to stand out from the crowd. But what happens when you stand out for all of the wrong reasons and how can you rehabilitate how you are perceived in the market?











    Exclusive Franchise Territories – Do They Exist?

    20 Jun 2017

    One of the key decisions a franchisor needs to make when building its franchise model is whether to offer a designated territory to its franchisees and whether such territory is to be exclusive or non-exclusive.

    In this article, we explore the different types of franchise territory provisions contained in franchise agreements.











    Franchisors To Face Tougher Scrutiny As ACCC Uses New Powers Under Franchising Code

    As foreshadowed in their Compliance and Enforcement Policy for 2017, the ACCC has been paying close attention to the franchising industry. The amendments to the Franchising Code of Conduct (Code) which came into effect on 1 January 2015 gave the ACCC new powers to impose infringement notices and to seek civil penalties in the Federal Court for breaches of the Code. In recent months the ACCC has been actively exercising these powers.

    We have documented three cases that provide strong examples of the pitfalls facing franchisors.