Changes to the Franchising Code of Conduct – 1 July 2021

By Christine Matsinger | June 28, 2021

The latest raft of changes to the Code have been a long time in the making – over 3 years in fact. Key notes Any Franchise Agreement signed after 1 July 2021 will need to comply with the new Code provisions. From 1 July 2021, Franchisors have to provide prospective Franchisees with a new “Key…

Copyright in Logo’s – I’ve Paid The Designer So It’s Mine, Right?

By Tamsyn Harris | February 4, 2020

Copyright in Logo’s – Finding the perfect logo for your business that not only identifies the goods and services you offer but also embodies the essence of your brand is a difficult task and for many less creative entrepreneurs, the assistance of a designer will be required. It can be easy for business owners to…

Going into Franchising

By Christine Matsinger | February 4, 2020

If you are considering franchising your business model or acquiring a franchise business, there is a lot of homework you need to do before you embark on this journey. Utilise the many resources available to ensure you fully understand the concepts involved and educate yourself before you make the leap – it may save you many thousands…

Is buying a Franchise really for you?

By Christine Matsinger | February 4, 2020

Anyone going into business should spend some time engaging in a little navel gazing and examine (honestly) your attitudes, capabilities and goals. There are no guarantees of success just because you are buying a franchise business. A significant percentage of franchise failures are the responsibility of the franchisees themselves. Reasons for failure can include: The franchisee not…

Buying a Franchise?

By Christine Matsinger | February 4, 2020

Before you take the plunge into buying a franchise business there are some must dos. The first on the list is to educate yourself about what you are really getting into. Research, reading and talking to people is a great start. Luckily for budding franchises there are very good resources – Start with the website…

Are You Getting The Best Franchise Deal?

By Christine Matsinger | August 6, 2019

When pursuing a franchise opportunity, many franchisees are overwhelmed by the amount of paperwork involved and often forego the opportunity to negotiate better terms under a franchisee agreement, simply because they are in a rush to get the deal done. Also, many franchisees simply assume that franchisors have a “take it or leave it attitude”…

The Importance of Registering your Name as a Trade Mark: Do Your Homework and Get in Fast!

By Tamsyn Harris | July 16, 2019

Imagine this.  You have started your own business, picked the perfect name and done all the right things including registering that name as a Business Name.  Your first year of business has gone well, until you discover a rival company using your name to market their business.  You have secured the business name, which means…

End of Financial Year Checklist for Franchisors

By Christine Matsinger | October 10, 2017

Calling all Franchisors – you need to review and update your Disclosure Document by 31 October including the following: 1) Clause 21.1 of the Disclosure Document Statement of Solvency; 2) Clause 21.2 of the Disclosure Document Financial Reports for last 2 completed years; 3) Clause 21.4 of the Disclosure Document Statement of Solvency by a…

Franchise Disputes

By Christine Matsinger | March 9, 2017

Resolving Franchise Disputes. One of the good things about the Franchising Code of Conduct is that it provides a mechanism for resolving franchise disputes. The Code states that a franchise agreement must provide for a complaint handling procedure that complies with the Code. A party to a franchise agreement who has a dispute with another…

Franchisor Disclosure Document Update

By Christine Matsinger | July 28, 2016

Franchisor Disclosure Document Update. Time Limits Apply – Updating your Disclosure Document and Financial Reports. We are already well into the new 2016/17 financial year and for Franchisors that means getting organised to: Have their accountant prepare their financial reports for the 2015/2016 financial year; and Update their standard disclosure document, which requires a thorough…

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The content published in this Blog is in the form of academic papers and the opinions expressed herein are generalised. The information provided is for educational purposes, not specific legal advice.

The application of any principles referred to can alter from case to case and accordingly you should seek independent legal advice in respect of your individual circumstances.