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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 oÂeÂ~one size fits alloÂeÂ(tm) approach that applies in the same way to every franchise system, the franchising sector is by nature diverse in size and idiosyncratic in features oÂeÂ" franchising is oÂeÂ~a way of doing business rather than a business in itselfoÂeÂ(tm). 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 authoroÂeÂ(tm)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. Features oÂeo Expert advice oÂeo Concise and targeted oÂeo For franchisees and those who act for them Related Titles Giles, Redfern & Terry Franchising Law & Practice, looseleaf and online, LexisNexis Blain & Giles, The Franchisee Guide, Franchise Council of Australia
"The franchise agreement is the document that establishes the franchise relationship. This business relationship is characterized by a franchisor granting a franchisee a temporary or time- limited right to use the franchisor's system and trademarks to conduct business. Because there is no 'one size fits all' template for drafting a franchise agreement, this must-have resource provides proven guidance on the core issues covered by a well-drafted agreement and how to carefully analyze the many considerations involved."--
Annotated Franchising Code of Conduct provides some interpretative guidance based on the limited but growing number of decided cases, international jurisprudence where applicable, and the author's practical experience over 40 years of legal practice. This 2nd edition is an annotation of Compilation 3 of the Code, and is current as at 1 July, 2021.
Franchise Desk Book is your primary reference to the text of generally applicable franchise registration, disclosure and relationship statutes and accompanying regulations. You'll benefit from the expert commentary on franchise statutes and cases that provide you with a look behind the scenes with respect to the covered state's laws. In addition, this manual includes annotations of reported and unreported cases that are arranged and keyed to topics that franchise lawyers need and can understand, such as franchise fees, exemptions from registration and more. The unique annotation system that is designed specially for franchise lawyers will allow you to put your finger on cases that focus upon the issues that matter most.
The Annotated Franchising Code of Conduct 3rd edition is a detailed guide to the development, drafting and interpretation of the Franchising Code of Conduct, and the regulation of Australian franchising in a broader context. It explains the operation of the Code and interprets the various Code requirements through case references and helpful commentary. This new edition considers the significant changes to the Code made during 2022, including to establish the Franchise Disclosure Register and to introduce substantial new penalties for certain Code breaches. Important new cases have also been added to the Case Summariessection. Features * Provides a detailed guide to the development of the Franchising Code of Conduct and the regulation of Australian franchising in a broader context * explains the operation of the Code * assists in interpreting the various Code requirements * includes case references and helpful commentary Related Titles * Giles, Redfern & Terry, Franchising Law and Practice, loose-leaf and online
"For lawyers new to franchise law with explanations of how franchise disputes arise and how they are addressed by experienced practitioners"--