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Velocity Legal

Level 43, 80 Collins Street, North Tower, Melbourne VIC 3000

Level 10, 580 George Street, Sydney NSW 2000

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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.

Franchise Lawyers in Melbourne: Protecting Your Business is Our Business

Franchising opportunities allow individuals to run their own businesses under a brand that has already been established and is well known. A franchise lawyer will typically work with franchisees and franchisors to negotiate financial and operational agreements, advise both parties on how to protect their interests, and resolve disputes. Read More

The services offered by a franchise lawyer include:

  • Drafting and updating agreements: The franchise agreement is an important legally binding document that defines the rights, obligations, and expectations of both the franchisor and franchisee. It must be clear, unambiguous, and fair to ensure that the partnership will be successful. A franchise agreement lawyer will thoroughly review the document to ascertain that it complies with relevant laws and regulations while also safeguarding the interests of both parties and preventing future disputes.
  • Ensuring regulations are adhered to: In Australia, franchise providers and operators must adhere to laws that outline the rights and responsibilities of both parties. They include the Franchising Code of Conduct, the Australian Consumer Law, and the Competition and Consumer Act 2010. Failure to adhere to these regulations can lead to legal action, with either party having the right to initiate proceedings through a franchise lawyer in Melbourne. Non-compliance may result in penalties or other legal consequences for the party who is found to be in breach.
  • Ensuring advertising and marketing legislation is followed: Franchise lawyers make sure that the franchise doesn’t mislead customers on social media channels, in printed brochures, or on television adverts. 
  • Franchisee termination: A franchise lawyer will safeguard the interests of their client by assessing whether the decision not to renew a franchisee's contract is fair and reasonable or if there are grounds for an unfair dismissal claim.
  • Mediating and resolving disputes: Disagreements can arise when one party breaches the franchise agreement or there are concerns over the performance of the franchisee. A franchise dispute lawyer can ensure that the issues are dealt with in a fair, transparent, and legal manner. 

Why Hire Our Legal Team for Franchising Services?

  1. We are experts in franchise law: We have extensive knowledge of local, national, and international legislation pertaining to franchise providers and operators. We understand the challenges faced by both parties and can help mitigate against costly disputes and protect your business interests.
  2. We offer comprehensive legal support and protection: Our lawyers are skilled in the complex arena of franchising. They can provide advice on how to manage disputes in accordance with legal regulations, draft and review contractual agreements, and guide clients on how to grow their businesses lawfully.
  3. Our service is transparent and efficient: We value transparency and clear communication with all our clients. You will be given regular updates as your case progresses, and we will involve you in all decision-making. We aim to provide a quick and affordable service, freeing up your time to make your franchise profitable without having to deal with legal issues unnecessarily.
  4. We have a successful track record: Franchise disagreements can be costly and lengthy. Our expert lawyers have helped many franchise providers and operators resolve their issues amicably through mediation and negotiation. 

Whether you're a franchisor or franchisee, our legal team at Velocity Legal is here to protect your investment and shield you from potentially costly and time-consuming disputes and lawsuits. Book a free 15-minute consultation for more information. Read Less

Contact

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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
Jess Hill

Jess Hill

Director

Greg Thomas

Greg Thomas

Director

Robert Osler

Robert Osler

Special Counsel

Lauren Gross

Lauren Gross

Senior Associate

Bryan Yeo

Bryan Yeo

Senior Associate

Edward Hart

Edward Hart

Associate

Natalie Nie

Natalie Nie

Law Graduate