Cassels Brock & Blackwell LLP’s Post

On 9 October 2024, the Australian Government released a draft update to the Franchising Code, with the new regulations proposed to begin on 1 April 2025. Highlights of the draft include: - Franchisor ROI Requirement: A new obligation mandates that franchisors provide franchisees with a “reasonable opportunity” to see returns on their investment, broadening requirements previously limited to motor vehicle dealerships. - Expanded Early Termination Rights: Franchise agreements must now allow early termination under certain conditions, with specified compensation methods. - Streamlined Disclosure: The Key Facts Sheet is removed, merging all necessary information into a single Disclosure Document. - Additional Provisions: Franchisees can waive duplicate disclosures for similar agreements, "specific purpose funds" replace traditional marketing funds, and the Ombudsman may publicly name non-compliant franchisors. With the consultation period now closed, further refinements are anticipated. For more information on these proposed changes, please reach out.

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