Franchise Advice

How do I finance the purchase of a franchise?

Franchising in Australia is in a very favourable position in comparison with independent businesses. The vast majority of new business start-ups use personal savings and loans from friends and fami... More

Why should my business consider International Expansion?

If you are serious about building a substantial business you should benchmark your progress against global industry peers not just your local competition. You will soon find that the world offers t... More

Why does the Flight Centre incentive model work so well?

The concept of skin in the game or variable pay structures within retail stores is an area that is experiencing a renewed focus in response to the near full employment status of the Australian market ... More

What is an operations manual?

The operations and procedures manual truly is the heart and soul of a franchise business and if it is not formulated correctly can lead to a haemorrhage of the entire business. Too many franchisors... More

What should you look for in a franchisee?

The recruitment of Franchisees is one of the most vital decisions to be made by a Franchisor .You are effectively inviting prospective franchisees to partner with you in building and growing your ... More

Why should I franchise my business?

Many people have considered franchising as a means to grow their business, but have not been sure what it entails. Franchising is straightforward as long as you follow the steps carefully and do n... More

What is a franchise operations manual?

The operating manual furnished by most companies will provide you with the knowledge you need to operate that business. It’s a good reference book for you as it establishes the rules, standards and sp... More

How is it best to find out accurate information about a franchise opportunity?

If you haven’t read "What questions should I ask myself before I decide to buy a Franchise?", then go read it now! We are looking for something you can love, and, just like a marriage, there is goi... More

Would buying or setting up a business from a well-known franchise brand be a guarantee that it will be financially successful?

While buying a well-known brand with strong systems will go a long way towards putting to on the road to financial success, it is not in itself a guarantee. The profitability of individual franchi... More

Why should I consider franchising my business?

Franchising is a way of leveraging your intellectual property. A solid business, doing well in its market, but finding itself at a crossroad regarding future growth may want to consider franchisin... More

When is a distribution agreement a franchise agreement for the purposes of the Franchising Code of Conduct?

The definition of a franchise agreement under the Franchising Code of Conduct is very broad, capturing a wide range of licensing and distribution agreements not traditionally considered to be franchis... More

In what circumstances may a franchisee terminate a franchise relationship?

A franchisee may terminate the franchise relationship: a. Within seven days after signing the franchise agreement or making a payment under the franchise agreement (the cooling off period) b. With... More

May a franchisor refuse to renew the franchise agreement with a franchisee?

Yes, provided circumstances exist which, under the terms of the expiring franchise agreement, entitle the franchisor to refuse to renew the franchise agreement. There is no obligation to renew the fra... More

I am considering using franchising as a method to expand my business. What should I consider?

In assessing the viability of franchising your business and setting up a franchise system, there are a myriad of factors and issues you must consider. The following are some of the key items for ... More

I’ve chosen a franchise business I’d like to purchase. What should I do next?

Before seeking your own legal advice on buying a franchise, the following is a useful checklist:

1. Obtain from the franchisor all agreements and the franchise disclosure document that ... More

I want to franchise my business, what is involved?

Joining the growing Australian franchise market requires strategic planning combined with an understanding of the market and regulatory system. Before embarking on a franchising system, you must prote... More

I’m looking at purchasing a Franchise. Can I contact existing Franchisees to find out what they think of the Franchisor and the Franchise system?

Yes, and in fact we recommend that you certainly do so. A Franchisor must give you a Disclosure Document for the Franchise at least 14 days before you enter into a Franchise Agreement or make a non-... More

How often do I need to update and give out copies of my Franchise’s Disclosure Document?

The Disclosure Document must be updated every time the Franchisor enters a new Franchise Agreement, including when there is a transfer, renewal or extension of a Franchise Agreement. A copy must be pr... More

Are you selling your franchise business? What are some of the obligations that a franchisee may need to be aware of?

In most cases selling a franchise business can be cumbersome and stressful at the best of times. The secret to the smooth transfer of a franchise business is to ensure that the franchisee has within a... More

“I’m entering into a franchise agreement for a retail business and the franchisor has advised that I must enter into a lease agreement with the landlord. What should I do and what should I look out for?”

The Retail Leases Act (NSW) (the “Act”) and similar legislation in other states govern retail leases, granting valuable rights to you as a lessee and imposing various obligations on the lessor both be... More