Insights Whelan Lawyers – Melbourne Commercial, Franchising & Construction Lawyers

Taking on a commercial lease represents one of the most significant financial commitments your business will make. Whether you’re opening your first café in Fitzroy, expanding your retail presence along Chapel Street, or securing office space in the CBD, the lease agreement you sign will shape your business operations for years to come.

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 represent significant changes to Australian employment law. For franchisors, the reforms deepen an already intricate web of regulatory risk. This article examines how these changes impact franchisors across Australia, with particular focus on sectors most vulnerable to these regulatory changes.

Sarah, a top-performing franchisee with 100+ five-star reviews, pivoted to a new business after her franchise agreement ended, keeping her Google Business Profile and all the reviews. The franchisor objected, but legal ownership of digital assets like online reviews and profiles wasn’t clear. This case highlights a growing legal gap franchisors must address.

Why Holding Back the Franchise Manual Could Undermine Your Entire Agreement

As a franchisor, receiving a formal Notice to Produce from the Australian Competition and Consumer Commission (ACCC) is a wake-up call you can’t ignore.

Whether you're a franchisor expanding your network, an SME seeking your first retail premises, or an established retailer negotiating a new lease, the complexity of retail lease agreements demands careful attention to detail.

When entering the franchising world, whether as a franchisor or franchisee, you'll quickly discover that professional guidance is essential.