Franchising

We have over 15 years’ experience acting for many franchise systems, national and international franchisors, many of whom are household names in Australia and around the world. Industries include: retail, supermarkets, fast food outlets and restaurants, financial services, pharmacies, professional services, IT, health and fitness, real estate agencies, recruitment and automotive dealerships. We act for one of the largest franchisors in Australia with an annual turnover of over $4.5Billion in 2016/17.

Our services include:

  • Franchising Code Compliance
  • Strategic planning and advice (including asset protection)
  • Multi-tiered franchising options (including master franchising)
  • Financing and capital fundraising for importing and exporting franchise systems to and from Australia
  • Information technology agreements for franchisors
  • IP Strategy, Trademark registrations and portfolio management in Australia and overseas
  • Equipment finance and transfers if equipment is leased
  • Review of business concepts, franchise models and systems and assist with due diligence
  • Structuring and establishment of the legal entity to act as franchisor, purchase and operate the franchised business
  • Protection of intellectual property associated with the franchised business
  • Preparation and/or review of the franchise agreement, operations manual and disclosure statement
  • Preparation and/or review of lease documentation that is compliant with franchising requirements including negotiating a new lease or transferring an existing lease with both the Franchisor and the Lessor of the premises where the franchised business is to operate
  • Compliance advice in respect of the Franchising Code of Conduct and regulatory compliance issues in respect of the franchised business
  • Sale and purchase of the franchised businesses
  • Employment Law
  • Privacy Issues
  • Competition and Consumer Act Compliance (including dealing with ACCC)
  • Drafting breach, termination and dispute notices
  • Dispute Resolution, including mediation and other alternate dispute resolution processes
  • Mediation of disputes under the franchising code
  • Litigation in relation to franchising disputes