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Good faith in franchising: soon to be mandated by the code
  • Herbert Smith Freehills LLP
  • Australia
  • July 29 2013

The Government has adopted most of the recommendations for amendments to the Franchising Code of Conduct put forward by Mr Alan Wein's independent

ACCC takes action against Electrodry over fake online testimonials
  • Corrs Chambers Westgarth
  • Australia
  • July 31 2014

On 1 July 2014, the ACCC commenced proceedings against A Whistle (1979) Pty Ltd (A Whistle), the franchisor of the Electrodry Carpet Cleaning

Notifications and applications for authorisation to the ACCC : examples
  • McInnes Wilson Lawyers
  • Australia
  • November 14 2013

In the October 2013 edition of the Franchising Update we examined the circumstances in which a franchisor may fall foul of the exclusive dealing

Would you like red tape with that?
  • Squire Patton Boggs
  • Australia
  • January 30 2014

The new Australian Government has announced a review and reform of the Franchising Code of Conduct (Code). This follows the Wein review in 2013

Exclusive Dealing: are you engaging in prohibited conduct?
  • McInnes Wilson Lawyers
  • Australia
  • October 17 2013

It is a fundamental part of franchising that all franchisees within a system will provide the same products andor services to their customers. Many

Harvey Norman feels the sting of more penalties
  • King & Wood Mallesons
  • Australia
  • May 26 2014

Earlier this month, the ACCC added another $50,000 to its penalties piggy bank as a result of two further proceedings against Harvey Norman

Small business commissioners and the Franchising Code of Conduct (Cth): what next?
  • McInnes Wilson Lawyers
  • Australia
  • October 25 2012

The Franchising Code of Conduct (Code) has been in existence now since 1998, after it was passed to address perceived deficiencies in the industry which were not being addressed by the then voluntary code of conduct

If it looks like a franchise...: lessons from Rafferty v Madgwicks
  • McInnes Wilson Lawyers
  • Australia
  • April 24 2012

The Full Court of the Federal Court of Appeal in Rafferty v Madgwicks 2012 FCAFC 37 delivered a judgement that re-emphasises that when identifying if an arrangement is a franchise agreement the courts will examine substance over names given to describe arrangements

Taxing times for misleading franchisor
  • King & Wood Mallesons
  • Australia
  • May 19 2014

Last Friday, the Federal Court made orders by consent declaring that the defendant accounting firm, Taxsmart, made false and misleading

The latest vibe on the Franchising Code changes!
  • Holman Webb
  • Australia
  • May 23 2014

The new Franchising Code changes appear to have hit a Constitutional bump in the road. Those familiar with the movie 'The Castle' will recall that