OpenLegal Articles

What should I look out for in Construction Heads of Agreement?
Generally, a Heads Of Agreement (HOA) provides a contractual framework where key terms are stated as a preliminary step before entering into the final contract. It is the initial stageRead More

When are contractors counted as employees?
Contractors will be considered employees of a company if they perform for consistent hours, have little control over their work and are an important part of the business. Generally, theRead More

What is franchising?
Franchising is where a business runs under the same name, brand and operation of another business. It is one way that a business can increase its market share. Common examplesRead More

What is in a “Franchise Agreement”?
A franchise agreement is a contract between a franchisor and a franchisee. It formalises and details the terms of the legal relationship between the parties. Key elements of a franchiseRead More

5 things that can make a franchise fail
Understanding why others failed is often crucial to your own success. Although opening a franchise is often seen as a more safe and reliable route to success than opening yourRead More

What is involved in complying with the Franchising Code?
The Franchising Code regulates the relationship between franchisors and franchisees. It is regulated by the Australian Competition and Consumer Commission (ACCC) who may investigate and pursue alleged breaches. The CodeRead More

The Trademarking Process
Applying and registering a trademark involves a multiple stage process. Essentially there are 5 stages, though the process doesn’t always move in a strictly linear movement. Those stages are: SearchingRead More

Temporary relief from directors’ duty to prevent insolvent trading due to Covid-19
Covid-19 has presented new challenges for directors as they navigate unchartered territory. Due to the pressure placed on businesses by Covid-19, the government introduced the Coronavirus Response Package Omnibus ActRead More