Review of the Franchising Code of Conduct

This submission concerning the review of the Franchising Code of Conduct is made by the SME Business Law Committee of the Business Law Section of the Law Council of Australia (the Committee).

The Committee refers to the following:

• the Discussion Paper – Review of the Franchising Code of Conduct dated January 2013;
• the Submission by the Competition and Consumer Committee of the Business Law Section of the Law Council of Australia (the CCC Submission); and
• a personal submission made by Derek Sutherland (the Sutherland Submission).

Any discussion or proposed law reform regarding the Franchising Code of Conduct will have an impact on SMEs from both the franchisor and franchisee’s perspective and, accordingly, the Committee welcomes the opportunity to make this submission. The Committee has previously made submissions to the South Australian Minister for Small Business in 2011 concerning the Small Business Commissioners Bill 2011 (SA) and, in particular, the impact of that legislation with respect to franchises.

Key Points

The Committee has confined its submission to the following parts of the discussion paper:

• part 1 – the impact of insolvency or franchise failure;
• part 3 – good faith in franchising; and
• part 5 – dispute resolution in franchising.

Last Updated on 28/04/2025

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Related Documents

• Submission: Review of the Franchising Code of Conduct (PDF).

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• Submissions Competition and Consumer Law Business Law

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