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Major Overhaul of Franchising Code: What the 2024 Regulations Mean for You
11 December 2024
The new Competition and Consumer (Industry Codes—Franchising) Regulations 2024 introduce significant updates to Australia's Franchising Code of Conduct, effective April 1, 2025. These changes aim to address power imbalances, improve transparency, enhance dispute resolution, and increase penalties for non-compliance. Key reforms include updated disclosure obligations, strengthened good faith requirements, new protections for franchisees, and a tiered penalty system. Learn how these regulations impact franchisors and franchisees and what steps you can take to stay ahead. Read More
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
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
HOCW’s Franchise Series - Three Steps to Take Before You Commit to a Franchise Agreement
23 August 2022
We regularly act for franchisors and franchisees in the litigation and alternative dispute resolution context. Defending and advancing the rights of our clients is one of our key specialties. Over the coming months, we will be publishing a series of articles, of interest to franchisees and franchisors, alike, on strategies to employ to avoid the expense, stress, and opportunity costs of jumping into the wrong franchise relationship. If you are a prospective franchisee considering making a significant investment in brand, then this month’s article: "HOCW’s Franchise Series – Three steps to take before you commit to a franchise agreement", is for you... Read More
"Why not Litigate?" - the trend towards white collar prosecutions
19 February 2019
The Australian legal scene is witnessing a steady increase in prosecutions by the prosecuting agencies against businesses. We are also finding that most legislation now provides for the potential personal liability of directors and officers for offences committed by their companies. In an era of increased penalties and increased funding available for enforcement action by regulators, and a starting point of "why not litigate?" we advise all our business clients to take the following steps: Read More

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