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Our national franchising team has extensive experience in providing objective legal advice to franchisors and master franchisees through our solid understanding of the issues involved in establishing and maintaining an effective franchising network.


We assist local, national and international based franchisors  and master franchisees with a focus on protecting and maximising your investment in franchising.  Our extensive experience includes working with clients in the following sectors: construction industry franchising; fashion; fast food; financial services; household goods and services; multi-media; oil industry, recreation, retail; and service industries

Areas of expertise include:

  • preparing franchise agreements, disclosure documents, leasing documentation (including sub-leasing and licensing), employment contracts and supply contracts
  • advising on commercial aspects of setting up a franchise, intellectual property issues (including branding), operational issues and advising on regulatory compliance
  • advising on compliance with dispute resolution procedures, drafting default notices and acting and advising in mediation and litigation
  • advising franchisors on their day to day operational issues including their relationship with franchisees, leasing, employment and branding issues
  • advising and acting in relation to disputes between franchisors and franchisees in mediations and Federal and State Court litigation, specifically regarding:

    • payment of fees
    • reconciliation and reporting requirements
    • attainment of minimum turnover levels
    • protection of the franchisor’s intellectual property (such as brand and customer base) and goodwill in the franchised business, trademarks and copyright
    • disputes under provisions of disclosure documents and under the Trade Practices Act (relating to misleading and deceptive conduct, false representation allegations)
  • structure reviews (from a legal, taxation or asset protection perspective)
  • Occupational Health and Safety assistance
  • compliance with the Franchise Code of Conduct
  • strategic advice and acquisitions / divestment of franchises

Examples of our expertise include:

  • advising a national franchisor with a turnover in excess of $100 million on a significant restructure of its corporate structure
  • advice to Australia’s largest franchisor on mediating a dispute with a franchisee
  • advice to franchisors on amendments to disclosure documents to comply with the 1 March 2008 changes to the Franchising Code of Conduct



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