Iain Irvine Principal

Iain Irvine holds Law and Science bachelor degrees and a Masters of Laws from the University of Adelaide. He was admitted as a barrister and solicitor in South Australia in 2005 and is admitted in the High Court of Australia.

Iain has extensive experience advising clients on Australian and International franchising, licensing and distribution. He has assisted a number of Australian franchisors with establishment and operation of their franchise systems including advising on resolution of disputes with franchisees. Iain advises clients on acquisition of competing brands and assisted with the sale of the international Cartridge World system.

Iain has previously worked in the USA advising a number of established US brands on licensing into foreign jurisdictions including in the EU, Asia and the Middle East. He continues to assist foreign counsel with franchising and distribution into Australia.

Iain advises clients on intellectual property rights and commercialisation as well as IT and online legal issues including privacy, social media, trademark and domain name issues, and web-related contracts.

Iain also provides commercial advice to clients in a number of industry sectors in relation to the following:

  • Sale and purchase of business assets and shares and related due diligence.
  • Establishing companies, trusts and other business structures.
  • Corporate governance including company procedures and directors duties.
  • Commercial contracts including services agreements, manufacturing and distribution agreements, shareholders agreements, terms and conditions of supply, asset leases, sponsorship agreements and guarantees.
  • Competition and Consumer Law including misleading and deceptive conduct, anticompetitive conduct, statutory warranties/guarantees and other aspects of the Australian Consumer Law.
  • Personal Property Securities Law.

Recognition

Iain has been recognised in Who’s Who Legal Franchise (2016 & 2017).

Who’s Who Legal conducts independent research with clients and peers to identify the world’s leading franchise lawyers for inclusion in this annual publication.  Clients describe Iain as a “true leader in the franchise legal market”.

Latest News & Insights

Franchise update: Vulnerable Workers Bill passes


Posted By on 18/09/17 at 2:04 PM

The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 passed on 5 September 2017. Despite efforts by the Franchise Council of Australia and others in the franchising industry, the amendments targeted at making franchisors liable for Fair Work Act contraventions by their franchisees were passed largely in their original form. Under the amendments a franchisor … Read more

Escrow agreements – how to ensure access to your key software


Posted By on 26/10/16 at 4:50 PM

Software is a key asset of many businesses. It may be essential to the ongoing operation of the business. Accordingly, significant business interruption and loss could be suffered if a business owner lost the ability to effectively use, maintain or modify that software. This could occur if the software was developed or is maintained by … Read more

Lending to tech businesses – registering security over IP


Posted By on 29/07/16 at 9:55 AM

Consciousness of the importance and value of intellectual property assets continues to grow. Given this increasing focus, those lending to businesses with significant IP assets must ensure any general security they take for this lending covers IP, as well as the more “traditional” assets of the borrower. Securities over personal property including IP are governed … Read more