Franchises and Disputes
Experienced and Affordable Lawyers for Franchises and Disputes
We understand the diverse issues that can arise for franchisors and franchisees.
To ensure our clients achieve success, we offer a multidisciplinary team of legal professionals from our commercial, property, litigation, and dispute resolution teams.
Our clients in the franchising industry sector include fast food and beverage retailers, clothing and car rental agencies, mortgage brokers, convenience stores, gymnasiums, real estate agencies, and motor vehicle dealerships throughout Australia.
How We Can Help
Our firm provides a range of franchising services related to business law, including the preparation of franchise agreements and disclosure documents, assisting with the purchase and sale of franchise businesses, offering property advice and drafting lease documents (including retail shop leases), facilitating mediation and dispute resolution, providing commercial advice and preparing business contracts such as terms of trade and supply agreements, advising on duty implications, and GST matters, offering intellectual property advice and protection strategies, advising on workplace relations and safety, and ensuring compliance with competition and consumer and workplace health and safety regulations, as well as providing guidance on structuring, asset protection, entity establishment, and business succession.
Franchising Code of Conduct
Purchasing a franchise can be a lucrative and satisfying endeavour, however, there are certain aspects that franchisees must be aware of concerning their rights and responsibilities under the latest version of the Franchising Code of Conduct. As of 1 January 2023, the previous Franchising Code was eliminated and substituted with an updated Franchising Code of Conduct. Some things to be aware of include:
The new Code mandates that parties deal with each other in good faith
The Code introduces penalties and infringement notices for serious violations
Franchisors must provide prospective franchisees with an information sheet outlining the risks and rewards of franchising
Franchisors must be more transparent in their use of funds for marketing and advertising, and set up a separate marketing fund for related fees
The Code requires additional disclosure regarding the ability of franchisors and franchisees to sell online
Franchisors are prohibited from requiring significant capital expenditures, except in limited situations
Helpful Links
Franchise Council of Australia
Office of Fair Trading – Queensland