Franchising

Our national team has expertise in all aspects of franchising. We work with clients from a wide range of industries, including building and construction, fast food, financial services, household goods and services, petroleum, real estate, retail and service industries.
 
Our expertise includes:
 
  • commercial aspects of establishing a franchise business: appropriate business and corporate structures, capital raising, debt financing, property acquisition and leasing
  • insurance coverage
  • operational matters
  • pricing, supply, misleading conduct, unfair contracts, unconscionable conduct and other aspects of the Competition and Consumer Act 2010 and the Franchising Code of Conduct
  • identification, commercialisation and protection of IP (trade marks, domain names, confidential information)
  • compliance with changes to franchising laws
  • reviewing existing franchise agreements and disclosure documents
  • regulatory obligations and requirements
  • regulatory investigations
  • buy-out offers and proposals from private equity firms, franchisees and competitors
  • exit strategies, including sale of business and sale of share of business
  • listing on the ASX 
We can advise franchisors and franchisees on employment and contractor matters and provide advice to franchisors in disputes with franchisees, including assisting with drafting default and termination notices.
 
We also represent franchisors at mediations and in court in disputes related to:
  • breaches of the franchise agreement
  • validity of franchisors' termination of franchise agreements
  • misuse of IP by franchisees or their employees
  • non-payment of franchise fees
  • misleading, deceptive or unconscionable conduct allegations
  • product recalls
Our lawyers can prepare franchising documents such as confidentiality agreements, franchise agreements, disclosure documents, property leases and licences to occupy, IP licensing agreements and supply contracts. We are also able to provide legal and regulatory training to franchisors, franchisees and their employees.