Franchising
Overview
We offer franchise sector participants the full spectrum of legal expertise using an integrated multi-disciplinary approach that has benefited 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.
We act for franchisors and franchisees and use our knowledge of the changing regulatory landscape to guide clients through challenges and opportunities with confidence.
In 2014 the Franchising Code of Conduct (FCC) was introduced. Ten years later the Australian Government has accepted the recommendations of an Independent Review of the FCC, which, among other things, limits the use of unreasonable restraints of trade and increases penalties under the FCC. The Government has also established a taskforce to conduct an analysis of the introduction of a licensing regime to the franchising sector.
Our team is fully conversant with the complex and changing web of regulation. Our expertise includes advising on:
- buy-out offers and proposals from private equity firms, franchisees and competitors
- commercial aspects of establishing a franchise business: appropriate business and corporate structures, capital raising, debt financing, property acquisition and leasing
- dispute resolution involving breaches of franchise agreements, misuse of IP, non-payment of franchise fees, misleading, deceptive or unconscionable conduct allegations and product recalls
- exit strategies
- employment law, work health and safety and contractor issues
- FCC compliance
- franchise agreements and disclosure documents
- identifying, commercialising and protecting IP
- insurance coverage
- listing on the ASX
- pricing, supply, misleading conduct, unfair contracts, unconscionable conduct and other aspects of the Competition and Consumer Act 2010 and the FCC, and
- regulatory obligations, requirements and investigations
We also provide legal and regulatory training to franchisors, franchisees and their employees.
