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Our legal experts will keep you up to date on all relevant and current developments.

Franchising Code Changes - Five Key Areas of Interest

The highly-anticipated changes to the Franchising Code of Conduct are now in force.

These changes follow a parliamentary inquiry into the Code, which began in 2018. The inquiry saw many franchisees explain how their franchised business failed, and the consequences on their lives. It also exposed questionable business strategies by some franchisors, and has directly led to at least one enforcement action by the Australian Competition and Consumer Commission.

It is important for both franchisors and franchisees to understand that significant changes to the Code are now in force – many of which involve imposing civil penalties for breach.

This article contains a summary of five core areas that have seen significant change. 


Holman Webb Listed as Finalist - Lawyers Weekly Australian Law Awards 2021

Holman Webb Lawyers is proud to relay that the firm has been listed as a finalist in two categories in the Lawyers Weekly Australian Law Awards 2021:

  • Law Firm of the Year
  • Insurance Team of the Year

Click through for more information on this year's finalists, and upcoming winner announcements.


The Crucial Nature of Trade Marks in Franchising

Trade marks are the essence of franchising. 

All franchise systems strive for widespread recognition of their 'brand'. A common thread between successful franchise systems is that their customers receive a consistent level of quality in goods and services provided under instantly recognisable trade marks. 

However, there are often complexities in the registration and use of trade marks within a franchise system. For franchisors, getting the licensing right is not always clear cut, nor is being able to secure registrations for new products. On the other hand, franchisees will often enhance the reputation of a trade mark, but have no ownership interest and can carry the risk of infringing a competitor's trade mark. 

This article explores the importance of trade marks to a franchise system, and the key parties involved in it.


What Needs to be Done When a Franchise Agreement Nears The End of its Term?
Thursday 11 June 2020 / by Daniel Jepson posted in Franchising & Retail

The Franchising Code of Conduct ('the code') contains a number of important protections for franchisees. 

One particularly important, yet often overlooked protection is the requirement that franchisees receive advanced notice of the franchisor's intentions when the franchise agreement is coming to an end.  Will the Franchisor consider an extension, or renewal - or do they intend for the relationship to end? 


What is the Legal Status of Retail and Commercial Leases during COVID-19?

A wide range of articles and government announcements have been published concerning the status of retail and commercial leases in the wake of the government mandated restrictions on trade and business operations that have come about as a response to the evolving COVID-19 crisis.  

Despite this, many tenants, especially commercial tenants who were not subject to the Retail Leases Act 1994 (NSW), were still uncertain as to what these announcements meant for them.

These uncertainties have now been removed in New South Wales, through the proclamation of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW), which apply from 24 April 2020 until 24 October 2020.


7 Factors for Franchisors and Franchisees to Consider During the COVID-19 Pandemic
Monday 6 April 2020 / by Daniel Jepson posted in Franchising & Retail COVID-19

Australia’s Franchising industry has been far from immune to the already significant impacts of the COVID-19 Pandemic.  In fact, franchises in the food and retail sector are likely to be amongst some of the hardest hit by the economic impact. 


Holman Webb Assists in Planet Fitness Australian Expansion
Monday 18 November 2019 / by Corinne Attard posted in Franchising & Retail

Holman Webb is pleased to relay the firm's successful involvement in the recently announced Australian expansion of Planet Fitness® ('PF'), one of the largest and fastest-growing franchisors and operators of fitness centers in the United States.


Ultra Tune v ACCC - Round II
Wednesday 25 September 2019 posted in Franchising & Retail

Readers may recall that in January 2019, Ultra Tune Australia was hit by the Federal Court with a massive penalty of $2.6 million for breaches of the Franchising Code of Conduct - with this penalty including $1.1 million for breaches of disclosure obligations. Holman Webb previously reported on this matter.


What Just Eat's merger with Takeaway.com means for Australia's restaurant sector
Wednesday 28 August 2019 / by Corinne Attard posted in Franchising & Retail

UK-based online food order and delivery company Just Eat, and Dutch rival Takeaway.com have agreed to proceed with consolidation, creating one of the largest delivery companies in the world outside of China.


Monday 5 August 2019 / by Corinne Attard posted in Business, Corporate & Commercial Franchising & Retail

Now that we are well into August, it is crucial for franchisors to be aware that there are just three months remaining before the deadline for franchise disclosure documents to be finalised (31 October 2019).  Franchisors should similarly note that there are now only 2 months left to get your vote organised and finalised in relation to the auditing of your marketing fund, if you have one.


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