top of page


Duty of Good Faith and Unconscionable Conduct: AHG WA v Mercedes-Benz
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

Gibson MacNeill Team
6 days ago4 min read
Â
Â
bottom of page
.png)