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A little proof-reading goes a long way

The fairly dramatic facts surrounding the termination of a ‘Couriers Please’ franchise in a Victorian case last year shows the operational challenges of managing franchisees[1]. It also illustrated one of the lesser used grounds of immediate termination of a franchise – on the basis that the franchisee is operating the franchised business in a way that endangers public health and safety (Clause 29(1)(f) Franchising Code of Conduct).

On 15 September 2017 the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 took effect. It makes important changes to the Fair Work Act 2009. These changes potentially affect all businesses but in particular those in franchising or licensing or distribution.

Sep 6, 2017 9:49:06 AM / by Corinne Attard posted in Franchising & Retail

If you are looking to buy a franchised business which operates from any premises other than your home, you will need a lease.  For retail businesses location is critical and it is likely your franchisor will control the negotiation process and require that either the lease be in its name with a sublease or licence granted to you, or allow the lease to be in your name but with some conditions attached.  

Aug 29, 2017 3:27:57 PM / by Corinne Attard posted in Franchising & Retail Property

If you are buying a retail franchise business, the lease is a critical element. Here are 10 questions to ask about your lease...

Being released in cinemas this week, The Founder is the story of how Ray Kroc built the McDonald’s empire.

Michael Keaton plays Kroc and portrays him as an unlikeable, ruthless character who steals the ideas and even words of others without shame. He takes the brand concept and systems originated by Mac and Dick McDonald and passes them off as his own work. In doing so he grows their small operation to one across the US and internationally.

If you are a franchisor in Australia you will know that you must update your disclosure document every year to comply with the Franchising Code.

Nov 11, 2014 4:40:00 PM / by Corinne Attard posted in Franchising & Retail
Sep 12, 2014 10:14:00 AM / by Corinne Attard posted in Franchising & Retail

Welcome to the August 2014 edition of the Holman Webb Lawyers Franchise Bulletin.

This year we have seen the delays and uncertainty continue to surround the introduction of the changes to the Franchising Code of Conduct including the new good faith obligation and monetary penalties for breaches. Click here to read more.

Disclosure documents need to be updated annually and businesses must provide their current information by the end of October 2013. While many franchisors tend to wait until the last minute to finalise the update, in 2013, there are a few issues to be aware of - which could mean you start this job earlier than usual.

In 2010 there were a number of changes made to the format of the franchising disclosure document, including some new sections to be completed, commencing from 1 July 2013.

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