Posted
on 29 October 2014
The raft of anticipated changes to the Franchising Code of Conduct are wide ranging and franchisors need to be aware of the anticipated new and extended obligations to be imposed on them.
One such change is the anticipated requirement for franchisors to disclose information to their franchisees and proposed franchisees about online sales.
It would seem that the franchisor will be required to disclose, amongst other things, the following:
1. if the franchisor, its associate...
Posted
on 28 October 2014
Dr Michael Schaper, the Deputy Chair of the ACCC has addressed the National Franchise Convention Legal Symposium.
His presentation can be viewed here www.accc.gov.au/speech/enforcing-the-franchising-code-recent -activities-proposed-reforms
Dr Schaper outlined the current cases being pursued by the ACCC against franchisors and also the case brought against 9 Harvey Norman franchisees for false and misleading representations about consumer guarantees.
He outlined that the ACCC has ...
It is anticipated that the changes to the Franchising Code of Conduct will include a monumental change to the enforcement of restraints of trade by franchisors.
It looks like the Code will provide that if a franchise agreement allows for a renewal term and the franchisee seeks to renew the franchise on substantially the same terms as the current franchise agreement and:
1. the franchisee was not in breach of the franchise agreement;
2. the franchisee had not infringed the intel...
