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
Table of contents
- Part 1. Introduction
- Part 2. Annotated Franchising Code of Conduct
- Part 3. Case Summaries