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Surcharge Bans, Retail Collapses, and the Pressure Points Reshaping Franchise Operations

A retail worker packing clothing into boxes inside a nearly empty fashion store with bare racks in the background

Franchise & Competition Law Briefing • 5 October 2026

Surcharge Bans, Retail Collapses, and the Pressure Points Reshaping Franchise Operations

This week’s developments highlight a convergence of external pressures bearing down on franchise networks and the small businesses within them. From regulatory changes to credit card surcharges squeezing cash flow, to continued collapses in Australian retail, franchisors and franchisees alike face an operating environment that demands sharper financial planning and strategic agility. Against that backdrop, signs of international expansion and early returns on AI investment offer a reminder that opportunity still favours those who adapt.

ATO credit card ban approaches, SMEs warned of challenges

5 October 2026 • Inside Small Business (Australia)

The ATO is preparing to stop accepting credit card payments for tax obligations as part of the broader credit card surcharge ban, creating real cash flow pressure for SMEs.

Why It Matters

Many franchisees use credit cards to bridge cash flow gaps around BAS and PAYG instalments, and losing that option means finding alternative short-term funding that may cost more or risk late payment penalties. Franchisors should think about whether affected franchisees need adjusted payment schedules or extra working capital support during the transition.

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Surcharge ban will leave some renters in the lurch

4 October 2026 • The Age (Australia)

The credit card surcharge ban is forcing a major rental payment platform to shut down, potentially pushing many tenants into arrears.

Why It Matters

The surcharge ban is disrupting payment infrastructure that franchise businesses depend on well beyond the retail point of sale. Franchisees who accept credit card payments or use platforms that pass on surcharges may need to restructure their payment systems, absorb processing costs, or find alternative arrangements. This development shows the ban’s ripple effects can reach lease and supplier payment channels used right across franchise networks.

Australian fashion retailers continue to collapse as Cue and Veronika Maine join growing casualty list

2 October 2026 • The Age (Australia)

Cue and Veronika Maine are the latest well-known Australian retail brands to cease operating in their original form, following Dion Lee, Seafolly, and Betts Shoes.

Why It Matters

The rising failure rate in Australian retail highlights the structural pressures facing brick-and-mortar franchise systems, including climbing occupancy costs, shifting consumer behaviour, and margin compression. Prospective franchisees should scrutinise disclosure documents for network financial health indicators, while franchisors in retail sectors face heightened obligations to ensure earnings information and risk disclosures under the Franchising Code remain accurate and current. The trend also raises serious questions about the viability of long-term lease commitments commonly required in franchise agreements.

Yo-Chi debuts in the US following UK market entry

5 October 2026 • QSR Media (Australia)

Australian frozen yoghurt franchise Yo-Chi has opened its first US location in Dallas, Texas, continuing its international expansion after entering the UK market.

Why It Matters

International expansion by Australian franchise brands raises important considerations under the Franchising Code around master franchise agreements, territorial rights, and how marketing fund contributions are allocated across jurisdictions. Franchisees in existing domestic networks should understand whether international growth could divert franchisor resources or dilute brand focus. The move also shows continued appetite for Australian QSR concepts in overseas markets despite domestic economic headwinds.

Businesses starting to see benefits from AI investments

5 October 2026 • Inside Small Business (Australia)

Small businesses are moving from AI experimentation to execution, with early adopters starting to see tangible operational benefits.

Why It Matters

AI adoption is becoming a genuine competitive differentiator for franchise operations in areas like inventory management, customer engagement, and workforce scheduling. Franchisors who mandate or recommend specific AI tools need to ensure those requirements are clearly set out in franchise agreements and that associated costs are transparent under Franchising Code disclosure obligations. Franchisees investing in AI should check whether their franchise agreement allows independent technology choices or whether the franchisor controls system specifications.

Key Takeaways

  • The ATO’s move to stop accepting credit card payments for tax obligations will create immediate cash flow challenges for franchisees who rely on credit facilities to manage timing gaps between revenue and tax liabilities.
  • The broader credit card surcharge ban is already producing unintended consequences, with the shutdown of a major rental payment platform illustrating how regulatory reform can ripple through to operational costs and staffing stability for franchise businesses.
  • The continued collapse of established Australian retail brands, including Cue and Veronika Maine, underscores the structural risks in bricks and mortar retail and should prompt franchise networks to stress test their own brand resilience and unit economics.
  • Yo-Chi’s expansion into the US market following its UK entry demonstrates that well-structured Australian franchise systems can scale internationally, but careful legal and operational groundwork is essential before crossing jurisdictions.
  • Small businesses reporting tangible returns from AI adoption signals that the technology is moving beyond experimentation, and franchise systems that build AI into their operations frameworks now may gain a meaningful competitive advantage.
Tsungai Mukushi

Tsungai Mukushi
Principal, Minerva Law

Minerva Law has acted for franchisors and franchisees across the full franchise lifecycle since 2013. Its Principal, Tsungai Mukushi, has practised as a franchise lawyer since 2008.

Minerva Law • Specialist Franchise Lawyers •
minervalaw.com.au
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