A central element of the proposed WA franchising legislation is the introduction of a new statutory duty that is described, in our view rather misleadingly, as "good faith". In reality the current push for a statutory duty of good faith is simply the latest effort by a small group of lobbyists to have what is essentially a new concept of "fairness" introduced into business contracts. The lobbyists failed in their attempts to do so in the context of the changes to the Australian Consumer Law, in
Norton Rose Fulbright Australia