Any franchisee will know, and perhaps experienced, that franchising agreements inherently favour the franchisor. The power to dictate how a franchisee operates naturally translates to substantial bargaining leverage in the franchisor’s favour. The duty of good faith, now contained in section 18 of the Competition and Consumer (Industry Codes – Franchising) Regulations 2024 (Cth) ( Franchising Code ), is a statutory attempt to mitigate the misuse of bargaining power. The duty

Significant changes are on the horizon for Australia’s franchising sector. The Treasury has published the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (New Code), which will replace the current Franchising Code of Conduct. The New Code took effect on 1 April 2025, with additional obligations commencing on 1 November 2025. These changes introduce new rights and obligations for both franchisors and franchisees. Below, we summarise the key reforms and t

On 9 November 2023, significant amendments to the unfair contract terms (UCT) regime will come into effect. The new provisions were introduced to protect small businesses and consumers with limited bargaining power from being disadvantaged by unfair contract terms. These changes will increase the scope of the regime and applicable penalties. It is critical that your business understands the amendments, the potential impact of the amendments, and what your business can do to c