The Human Element in Franchising Law

With a franchise sector that is arguably the most heavily regulated in the world, you need a specialist lawyer who knows how to navigate Australian franchising laws.

Our team have advised franchisors from the initial set up stage through to established systems, as well as acting for franchisees and master franchisees of a variety of franchise systems.

After taking the time to understand your business, we aim to be a valuable member of your team by developing close and long-term relationships. Whether you are a franchisor or a franchisee, we will work with you to find the best commercial outcome to maintain and maximise your franchisor/franchisee relationship.

Our team are on the forefront of the latest developments in laws affecting franchising, allowing us to deliver up-to-date legal results in an industry where non-compliance carries heavy penalties.

Our franchising services

We can assist businesses in all aspects of franchise law including:

  • reviewing and advising on Franchise Agreements for new or renewing¬†franchisees;

  • acting on the sale and purchase of existing franchised businesses and franchise systems;

  • preparing and advising on Leases and Occupancy Licence Agreements;
  • determining whether franchising is right for your business model and how to implement the best structure for your business;

  • assisting franchisors set up a new franchise system, including advice on the Franchising Code of Conduct and the Competition and Consumer Act, and then preparing compliant Disclosure Documents, Franchise Agreements and all other documents to establish the system;

  • advising franchisors on the protection and structuring of intellectual property, including preparing Licence Agreements and registering trade marks both nationally and internationally;
  • when acting for franchisors, submitting documents to franchisees for new grants, renewals or resales of existing franchised businesses;

  • giving advice on day-to-day operational issues and regulatory compliance;

  • reviewing and updating documents for franchisors of existing franchise systems to ensure continued compliance with changing laws, including annual updates to Disclosure Documents;
  • advising on competition and consumer (trade practices) issues and conducting seminars to inform your business about obligations under the Competition and Consumer Act and the Australian Consumer Law, and assisting with implementing compliance programs in your business;
  • issuing/responding to breach notices; and

  • resolving disputes through negotiation, mediation and litigation.

How we can help new franchisees

If you are considering entering a franchise, we will guide franchisees towards that exciting goal of becoming a business owner. We will first liaise with you and your accountant to determine the best structure for your business. If you are also entering a premises Lease, we can assist with all your leasing needs. For a fixed and competitive cost, we will then:

  1. Conduct a comprehensive review of the Franchise Agreement and Disclosure Document;
  1. Give you concise, plain-English written advice on the key terms and considerations;
  1. Meet with you to discuss our review and answer your questions about franchising;
  1. Assist with approaching your franchisor to have your questions clarified and negotiating amendments to the Franchise Agreement; and guide you through signing the documents once you are ready to proceed.