Franchising

Navigating Franchise Law: Australian Guidance

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Franchising is complex and heavily regulated. We will help you to avoid the legal traps.

Franchising is a unique relationship. It requires a high degree of trust given that the franchisor and franchisee both play a key role in attaining success. For this reason, it is critical that the foundations for the relationship are set appropriately, and that each party is kept accountable.

Are you a franchisor? We can assist you with:

  • establishing a new franchise network;
  • preparing, amending and modernising your Franchise Agreement;
  • managing your existing franchise network – including dealing with incoming and outgoing franchisees;
  • advice on compliance with the Franchising Code of Conduct;
  • competition and consumer law issues;
  • resolving disputes with franchisees; and
  • employment, leasing, tax and other commercial issues.

Are you a franchisee? We can assist you with:

  • advice on your Franchise Agreement;
  • advice on your premises lease;
  • resolving disputes;
  • buying or selling a franchised business; and
  • employment law, leasing, tax and other commercial issues.

Approach

Our lead contact, Greg Thomas, acts for several prominent franchisors. He also acts for a significant number of franchisees.

Greg has a remarkable track record and approaches every matter with care and pragmatism. His wealth of experience helps him to find solutions to the most complex franchising issues.

Irrespective of whether you are a franchisor or franchisee, our team will work tirelessly to protect your best interests.

Fill in the form and someone from our team will be in contact shortly.

What is privity of contract?

Privity of contract is the rule that no outsider to a contract can seek to enforce the contract's terms. There are some exceptions to this rule (e.g. in relation to third party enforcement under deed polls).

What is the difference between joint, several and joint & several?

As a brief summary:

  • joint liability practically means that the relevant parties are all liable for the whole thing. Generally, they will all be sued together (not separately);
  • several liability practically means that each party is liable for their respective proportion. Generally, the parties will be sued individually for their own parts; and
  • joint and several liability is the same as joint liability, except that the relevant parties can be sued separately for the entire liability (rather than generally being sued together).

What are some of the ways that terms can be incorporated into a contract?

Some examples include:

  • by signing an agreement (e.g. signing a hardcopy or electronic contract);
  • by reasonable notice (e.g. where one party has done all things necessary to bring terms to the attention of the other party before the contract is made);
  • through a sufficiently consistent and long course of dealing; and
  • by reference.

Can an offer be accepted by mere silence?

Silence can constitute acceptance of an offer where the relevant circumstances support that conclusion.

Can you help me with employment contracts?

Yes, we can. We regularly assist our clients to prepare and negotiate employment contracts of all shapes and sizes (including executive employment contracts). We can also assist with independent contractor agreements.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

What if a dispute arises?

Our dispute resolution team can assist - click here.

How long does it take to prepare a contract?

We will go above and beyond to meet your timing requirements. So, please let our team know if you are working toward a particular deadline.

The turnaround time will vary depending on the nature of the arrangement. Please get in touch with our team if you would like a turnaround time estimate.

Another lawyer prepared a contract. Can you look at it for me?

Yes, of course. We regularly provide advice on contracts prepared by other law firms.

Team