Annotated Franchising Code of Conduct
Endorsed by the Chairman of the Franchise Council of Australia
How to comply and avoid penalties under the Franchising Code of Conduct 2015
Once published, this title will also be available in eBook format.
The Franchising Code of Conduct underpins franchising in Australia and all involved in franchising need to have a sound understanding about how the Code operates. This is even more important given the changes to the Code that took effect 1 January 2015, and the introduction of new penalties for companies and individuals involved in certain Code breaches. Written by franchising expert Stephen Giles, Annotated Franchising Code of Conduct offers franchisors and their advisors concise expert commentary and advice. It is essential reading for anyone needing to understand the regulatory framework, disclosure requirements and penalties for failure to comply with the Code. Although the Code brings a ‘one size fits all’ approach that applies in the same way to every franchise system, the franchising sector is by nature diverse in size and idiosyncratic in features – franchising is ‘a way of doing business rather than a business in itself’. The Code also tends to adopt inclusive rather than specific definitions, and it is not always clear how the Code provisions will apply to a specific franchise system, or set of circumstances. This can be challenging even for experts, and certainly makes it difficult for those relatively new to franchising. This book endeavours to provide some interpretative guidance based on the limited but growing number of decided cases, international jurisprudence where applicable and the author’s practical experience over 30 years of legal practice.
This publication is intended to be a convenient ready reference source for those experienced in franchising, and a helpful resource for those seeking to understand how the Franchising Code of Conduct applies in practice.
• Expert advice
• Concise and targeted
• For franchisees and those who act for them
Giles, Redfern & Terry Franchising Law & Practice, looseleaf and online, LexisNexis
Blain & Giles, The Franchisee Guide, Franchise Council of Australia
Stephen Giles is a corporate and commercial partner based in Melbourne and Sydney. Recognised as the leading practitioner in the field of retail, distribution and franchise law, Stephen is national head of the Australian Retail Trade & Distribution Group and a leader in our global Retail and Brands International Business Group.
Stephen’s particular expertise includes the application of competition laws to product distribution, pricing and supply issues faced by manufacturers, franchisors and suppliers. Serving for over 12 years on the board of the peak industry body, the Franchise Council of Australia, Stephen has written numerous publications, including the authoritative text Franchising Law & Practice, and is a regular speaker at conferences in Australia, Asia and the US. In 2009 he was inducted into the Australian Franchising Hall of Fame, and was ranked in the top 10 most respected international franchise lawyers by the International Who’s Who of Franchise Lawyers.
Table of Contents
Part 1. Introduction
Part 2. Annotated Franchising Code of Conduct
Part 3. Case Summaries