Franchising in Australia is regulated by various laws and industry codes, with compliance actively monitored by the Australian Competition and Consumer Commission (ACCC).
It is essential for franchisors to have a specialist franchising lawyer who can navigate these regulations for you, whilst also taking the time to understand how your business model works.
We can assist franchisors in all aspects of operating a franchise system including:
- Providing advice on compliance with the Franchising Code of Conduct;
- Preparing full suites of compliant disclosure documents, franchise agreements, franchisee application forms, confidentiality deeds and step in deeds;
- Reviewing and updating existing documents, including annual updates to disclosure documents;
- Advising on the protection and structuring (or restructuring) of intellectual property, including preparing licence agreements and registering trade marks both nationally and internationally;
- Submitting documents to your franchisees for new grants, renewals or resales of existing franchised businesses;
- Acting on franchise buy-backs;
- Giving advice on day-to-day operational issues and regulatory compliance;
- Issuing breach notices and notices of dispute to franchisees;
- Resolving disputes between franchisors and franchisees through negotiation, mediation and litigation;
- Advising on competition and consumer (formerly trade practices) issues and conducting seminars to inform you and your business about your obligations under the Competition and Consumer Act and the Australian Consumer Law, and assisting with implementing compliance programs in your business;
- Preparing, reviewing, advising on and negotiating leases and occupancy licence agreements;
- Preparing, reviewing, advising on and negotiating agreements with suppliers;
- Acting on the sale and purchase of existing franchise systems.