News

OHS considerations for food businesses
Occupational Health and Safety laws operate in each state and territory of Australia to regulate health and safety generally. While there are no specific laws applicable to the food services sector, the way in which OHS laws apply in this industry is unique.
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Franchise Agreement terminations
The termination of a franchise agreement is an issue that most franchisees hope they will never have to face. However, this is a reality which many franchisees encounter at some point during their tenure.
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National food safety enforcement and reform
Governments and food safety authorities across Australia have embarked on a national crackdown on food safety. Food safety regulators are actively enforcing existing and new food safety laws.
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Rafferty's rules
Businesses who look like a franchise, smell like a franchise and operate like a franchise now have greater certainty as whether their system is a franchise. The Federal Court recently clarified the definition of a franchise under the Franchising Code of Conduct.
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Selling your franchised business
When selling any business, there are many factors to consider and many steps in the process to be undertaken. This is even more so when the business being transferred is a franchise, as there are additional parties involved in the process and additional rules.
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Reading the fine print
Seeking legal advice is considered to be so important that the Franchising Code of Conduct requires a franchisor to advise franchisees to seek independent legal advice. This article addresses what a franchisee should be looking for in the 'fine print' of a typical franchise agreement.
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New changes to the Franchising Code of Conduct
New changes to the Franchising Code of Conduct, which come into effect on 1 July 2010, have left Franchisors with the task of incorporating onerous amendments to their Disclosure Documents in under 4 weeks. The changes are purported to be for the protection of franchisees and with the aim of providing franchisees with a better understanding of the risks of entering into a franchise.
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Big business, big responsibilities - Small business, big responsibilities
When buying a franchised business, do not be fooled into believing that you are immune to risk by virtue of having a franchisor looking over your shoulder. Taking on a business is a huge responsibility, irrespective of whether the business is big or small.
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ACCC triumph is a win for all franchisees and a warning to franchisors
Franchisors that breach the Franchising Code of Conduct or promise to do one thing but do something completely different to the detriment of their franchisees, had better take note.
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ACCC investigations/prosecutions against franchisors on the rise
It seems the ACCC is in the process of yet another "crackdown" against Franchisors whose behaviour breaches the Franchising Code of Conduct and the Trade Practices Act 1974.
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Franchisees beware - Declare all income, or else!
The recent conviction of the founder of the Banjo's Bakery Group, Mark Saxby, for defrauding the Commonwealth highlights the ramifications of failing to declare all income in taxation returns.
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Investing in an international franchise
When contemplating the purchase of a franchise from a non-Australian brand, in addition to the usual issues, there is an extra layer of specific matters that should be considered.
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Proposed 'Plain English' disclosure requirements for franchisors
The expert panel appointed by the government to report on strengthening the unconscionable conduct provisions in the Trade Practices Act and further regulation of the franchising sector issued its report on 3 March 2010. Its a mixture of good and bad news for franchisors.
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Changes to Good Faith in Franchising
Plans to amend the Franchising Code of Conduct and Trade Practices Act were announced by the Federal Government on Thursday 5 November. These will include amendments in relation to unconscionable conduct throughout the contracting process, but not a broad and general reference to good faith as recommended by the Joint Committee in December 2008.
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Licensing v Franchising
In a recent court enforceable undertaking, the Australian Competition and Consumer Commission has indicated that it is cracking down on businesses who seek to avoid complying with the Franchising Code of Conduct by claiming that their agreements are licenses and not franchise agreements.
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