Unfair Contracts Law To Impact Franchising

The Federal Government’s draft unfair contracts legislation could become a powerful weapon for franchisees to challenge franchise agreements. It will affect most franchise agreements and any term in a franchise agreement that is found to be unfair will be void.
In a surprise move, the draft released last week is not limited to consumers, but catches any ’standard form’ agreements.
Because franchisors generally produce a franchise agreement in a standard form, this legislation will catch most franchise agreements, as well as terms of many leases, supply terms and terms of finance arrangements.
The Franchise Council of Australia wants franchises to be exempt or for the government to remove uncertainty about the application of the legislation to small business. More.
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