Question 1
Over the next decade what do you consider is:
i the greatest issue facing the franchising sector
ii the greatest policy challenge for regulators
iii the greatest opportunity for franchising
Question 2
The franchising sector displays a great capacity for nurturing innovation and entrepreneurship.
Second reading Speech, Competition and Industry Codes Amendment (Industry Code Penalties) Bill 2014
How do you see the franchising model evolving in the future? In what ways may the Australian franchise sector of 2030 look different to the sector today?
Question 3
Beyond fried chicken! Outline two examples of the innovative development or application of franchising beyond its traditional and conventional use?
Question 4
Outline the contribution to our knowledge and understanding of franchising that can be gleaned from two franchise systems studied during the course.
Question 5
With reference to ACCC v Geowash or Virk v YUM (or any other relevant decision) consider the effect and impact of the unconscionability and good faith provisions on any two of the following:
• system change
• franchisee profitability
• the franchisor’s wide discretionary powers
• the franchisor’s support of the brand
• franchisor practices not consistent with representations
• ‘unethical practices’ generally
Question 6
Discuss two issues relating to:
• Practices in franchising that may contravene the competition provisions of the Competition and Consumer Act 2010 (C’th), or
• The protection available to a franchisor to protect the franchise system’s intellectual property and goodwill.
Question 7
Why is franchising encouraged by governments in developing economies? Consider the factors that impact on the development of franchising in these economies and the key opportunities, challenges and strategies for an Australian franchising system seeking to expand internationally to one of these markets.
Question 8
Entrepreneurship and business activities are shaped not only by markets, but also by regulatory and administrative environments established by governments.
OECD
The Franchising Code of Conduct seeks to strike an appropriate balance between the legitimate business interests of both franchisors and franchisees? Outline two particular issues in relation to which franchisees may argue that the balance could be more appropriately drawn and your recommendations in respect of each.
Question 9
Outline the commercial and legal issues that arise in respect of either:
• the franchisor’s liability for franchisee misconduct, or
• the franchisee’s position in the event of the franchisor’s insolvency.
Question 10
I began what would become the most distressing ten years of my life back in 2006 when I bought an XXX franchise
This sentiment from a submission to the Joint Parliamentary Inquiry into the Operation and Effectiveness of the Franchising Code of Conduct was, unfortunately, expressed frequently in other submissions. In your opinion is the problem one of franchisees not exercising appropriate due diligence in making the decision to acquire a franchise, or is more radical surgery to the Franchising Code of Conduct required, or is the franchise model broken and franchises are indeed ‘nonsense”?
