Franchising

Geowash’s appeal to overturn $4.2m fine dismissed  

Last month the Full Federal Court dismissed Geowash’s appeal against a 2019 decision that fined them $4.2m in for breaches of the Australian Consumer Law.    Australian Consumer Law breaches   Geowash charged franchisees to establish and fit-out their site, but in reality, the majority of this money went to pay commissions to its director Sanam Ali and the franchising manager Charles Cameron.    Geowash also enticed new franchisees in by […]

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Franchising Your Business: Which Advice Do You Need and Why? (Part 1)

Welcome to the first article in our 3-part series on which advice you need when franchising your business!  (co-authored by Sue Campbell, Franchise Right)   Approaching the mammoth task of franchising your business can seem daunting at first. But, like building a home, it can (and should) be broken down into stages to make sure you’re laying down the correct foundations and building a

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They’re Here! Changes to the Franchising Code Announced

After 3 years, spanning a national inquiry and heavy consultation with the franchising sector, changes to the Franchising Code of Conduct have finally been announced. ?✨ The Important Stuff Most changes will apply to franchise agreements entered into, extended or renewed from 1 July 2021 Changes which require amendments to a franchisor’s disclosure document apply

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Back in Motion – Revisiting Unfair Contract Terms and Restraints of Trade

On 21 September 2020, the ACCC accepted a court-enforceable undertaking by franchisor Back In Motion Physiotherapy to remove some unfair restraint of trade terms from its franchise agreements. As there have been so few cases on these matters, the enforceability of restraint of trade clauses and unfair contract terms is often difficult to assess. The

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NFC Legal Wrap-Up

Day one of the National Franchise Convention has come to a close after kicking off with the legal symposium at RACV Royal Pines on the Gold Coast. Below is a snapshot of some of the key takeaways and tips for franchisors. Marketing Fund Financial Statements The ACCC has said that franchisors should ensure their marketing

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Is Your Business a Licence or a Franchise?

Franchising in Australia is regulated by the Franchising Code of Conduct (“the Code”). In 2015, the Australian Competition and Consumer Commission (“ACCC”) was given greater audit and investigative powers and can now issue infringement notices of $9,000 per infringement, as well as seek orders for penalties of up to $54,000 for non-compliance with the Code.

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