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Do Your Franchise Agreements Comply with Australian Consumer Law?
29 February 2024
In response to recent warnings from the ACCC, franchisors and franchisees are urged to review their standard form franchise agreements for compliance with Australian Consumer Law (ACL). These revelations highlight the urgent need for action, especially with penalties for unfair terms exceeding $50M since November 2023. Franchisors are cautioned against non-compliance, which not only risks legal action but also strains the franchising relationship. Read More
The Franchising Code of Conduct 2023 Review
17 August 2023
The Franchising Code of Conduct (Code) is due to expire in 2025 with the sunset date of 1 April 2025. It’s no April fool’s joke, the Code which governs the 170-billion-dollar franchise sector will expire in 19 months and on 15 August 2023 the government announced that Dr Michael Schaper will undertake the review of the Code in accordance with the Terms of Reference. Read More
Negotiation in Real Life - Podcast
31 March 2023
Negotiation is one of the most important skills for success in business and in life. But it's a skill we are rarely taught. For many of us, we develop our skills purely through trial and error. We see what works, discard what doesn't and if we're lucky, we'll have a few good mentors along the way. In a series of podcasts, Nicole Davidson speaks with guests from a range of backgrounds to hear about their experience. Read More
Franchise Disclosure Register - important update
14 November 2022
Following on from our article, HOCW’s Franchise Series – Franchise Disclosure Register - Franchisors it's time to register, published 28 October 2022, more information must now be included on franchisor’s profiles on the Register. On Friday, 11 November 2022, a legislative determination was made to broaden the scope of mandatory information to be included in franchisors’ profiles on the Register. Franchisors that have already created a profile or have not created one yet must ensure that by no later than 14 November 2022, they amend or create their profile to include all of the information set out below. Notwithstanding that the determination may be considered last minute, Franchisors should not infer that they will be forgiven for failing update or create a compliant profile in time. Read More
HOCW’s Franchise Series – Franchise Disclosure Register - Franchisors it's time to register
28 October 2022
HOCW’s Franchise Series continues with an article on the Franchise Disclosure Register where we outline what it is, key deadlines, why it was created, who needs to register and ongoing obligations and requirements. The Franchise Disclosure Register (Register) is a free online tool, mandated by the Franchising Code of Conduct. The Register contains information to assist prospective franchisees make informed decisions before entering into a franchise agreement. By 14 November 2022 franchisors who are required to register, need to create their profile and upload key disclosure information about their franchise. From 15 November 2022 members of the public will be able to access the online Register and find out information, about registered franchisors, that is valuable to know when making business decisions. Read More
HOCW’s Franchise Series – Guidelines for franchisors – make compliance part of your promotional strategy
26 September 2022
Last month’s article, ‘Three steps to take before you commit to a franchise agreement’, focussed on encouraging prospective franchisees to test before they invest and make a commitment to a long-term franchise relationship. Our focus now turns to the franchisor, and what you should be doing from the outset of your dealings with prospective franchisees. The following guidelines apply to all franchisors, irrespective of their structure, industry, or how long they have been in the game. Read More

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