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The Expert Panel appointed by Minister Craig Emerson has published its final report, entitled Strengthening statutory unconscionable conduct and the Franchising Code of Conduct.

On 27 August 2008, the much anticipated decision of the High Court in Master Education Services Pty Ltd v Ketchell [2008] HCA 38 was handed down.

Diligent risk management by a franchisor before the franchise agreement can defeat subsequent claims by the franchisee.

The Minister also released a statement outlining the reforms, which are in response to the 2013 Wein Review of the Code.

This franchising guide is designed to ensure you're well-equipped to turn a franchising vision into a thriving business.

Small business requirements are high on the Coalition government's agenda.

Penalties against a franchisor for staff underpayments and record-keeping breaches by its franchisees.

The State/Territory based business name registration system is to be replaced by a new streamlined national system. This is expected to commence in April 2011, provided that legislation is passed in all Australian jurisdictions.

Some terms may have specialised meanings, but it is not always helpful to use expert opinion evidence to interpret them.

Good due diligence does not begin with the disclosure document, even though that is where most prospective franchisees expect to start. The disclosure document is a legal entitlement and the most detailed source the franchisor provides, but you do not receive it until discussions are well advanced. There is public information you can gather well before it arrives, and the picture is only complete once you have spoken to people already in the network.

Buyers tend to study the start of a franchise relationship in detail and give far less attention to three exposures that sit slightly out of view: the premises the business trades from, the capital the franchisor can require you to spend after you have signed, and the provisions that govern how the relationship ends. Each is capable of reshaping the economics of the deal, and each is easier to address before you commit than after.

On 1 December 2008, the Parliamentary Joint Committee on Corporations and Financial Services reported on its inquiry into the Franchising Code of Conduct (Code) conducted earlier in 2008.

This newsletter has links to media releases, reports, cases and legislation relating to competition and consumer law.

Examines the main legal considerations to consider when expanding your Australian franchise network into the United States.

Recent court action taken by the Australian Competition and Consumer Commission should serve as a timely reminder to franchisors of the obligations they owe to franchisees and potential franchisees under the Franchising Code of Conduct.

From 1 January 2015 a new Franchising Code of Conduct will apply to most franchise agreements.

Managers should understand the new legislation and when it will apply, as there are staged transitional provisions.