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Franchising Code - extra disclosure!

by Thomsons Lawyers
In June last year, the Australian Government announced that it would review the disclosure provisions of the Franchising Code of Conduct (Code) and appointed Graeme Matthews to lead a Committee to review the Code. The Committee reported back to the Government last year, and this week the Government announced its response to the recommendations suggested by the Review Committee in its report. The peak body of the franchise sector, the Franchise Council of Australia, has welcomed the recommendations.

Summary

  • the Government has accepted that franchisors must give greater disclosure
  • the Government intends to remove exemptions which currently exist to ensure that all franchise systems in Australia are governed by the Code’s disclosure requirements
  • the Trade Practices Act will also be amended to add further factors which the Court may consider to determine whether a franchisor has acted unconscionably.

Some of the significant changes which will affect franchisors are:

APPLICATION OF CODE

(a) Thomson Playford Cutlers works with franchisors as a strategic partner to improve overall network performance. We manage compliance issues and address the legal considerations that contribute to franchise network efficiency, profitability and expansion.

19.02.2008
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