News

Disclosure Document Update Season

Franchisors, it’s that time of year again.  The Franchising Code of Conduct (the Code) requires the review and update of the Disclosure Document within four months of the end of each financial year.  For franchisors with a financial year ending 30 June this means the update for the financial year ending 30 June 2021 must be completed by 31 October 2021. 

Important Bulletin – Franchising Code of Conduct Penalties about to be substantially increased to include “Mega Civil Penalties”

Last week, the first stage in what I regard as being by far the most significant change in franchising laws in Australia, was completed.

On 2 September 2021 the Treasury Laws Amendment (2021 Measures No. 6) 6 Act 2021 was passed by the Federal Parliament.

2021 THE LAWYER NETWORK ANNUAL AWARDS WINNER | FRANCHISE LAW – LAW FIRM OF THE YEAR IN AUSTRALIA 2021

MST Lawyers is proud to announce that our Franchise Team has been recognised by Corporate INTL as the 2021 Law Firm of the Year in Australia for franchise law.

Selling a Business to Franchise: What went wrong in Watt v Shepherd?

20 Aug 2021

The recent decision of Watt v Shepherd (No 2) [2021] FCA 826 concerned the sale of a group of pharmacies with the plan of creating a franchising business. In the negotiations of the sale, many representations were made to the owner regarding future growth and profitability of the franchise business, as well as their business expertise and ability to get funding. The judge in this case ultimately found that these representations were misleading and unconscionable, ordering that the franchise agreements be made void and further investigations take place into the personal liability of the purchasers.