Franchising, Licensing & Distribution

Our franchise team has assisted many clients grow from small enterprises to national and international business systems.

Our franchise team has also assist international clients adapt to the local legislative, business and cultural differences when entering the Australasian market.

Our team delivers:

  • Worldwide experience – our lawyers have assisted many well-known global companies with their entry into the Australian market and with exporting home-grown business systems all over the world.
  • Leading edge capability – our lawyers understand the legal and commercial issues involved in rapid growth and the complex regulation governing the franchise industry.
  • A full range of legal advice – we offer assistance in everything from legal compliance and document drafting to working within industry codes and mediation.

We can assist with:

  • Appropriate business structures such as franchise, distribution, agency and dealer networks
  • Legal mechanisms to protect assets such as the agency, distribution structure, franchise system, the network, the brands and intellectual property including trade marks
  • Negotiating and dealing with the Competition and Consumer Act 2010 (Cth), the Franchising Code of Conduct, Australian Securities and Investment Commission and the ACCC in relation to compliance regulatory requirements
  • Dispute resolution including negotiation and mediation alternatives to court including those under the Franchising Code of Conduct
  • Commercial resolutions regarding agency and franchise relationship issues
  • Property, leasing and insurance issues
  • Methodologies for system expansion including capital/equity raising and IPOs, assisting in offshore expansion and master international

Recognition

KHQ’s Franchise team has received the following recognition:

  • Franchise Law Firm of the Year in Australia by leading international business publisher, Corporate INTL. These annual awards recognise firms and practice groups who have demonstrated excellence in both their field of expertise and service delivery.
  • Who’s Who Legal Franchise (2016 & 2017).

Peter Buberis, Iain Irvine and Fiona Gilbert have also been recognised in The Best Lawyers™ in Australia for Franchise Law in 2018. Peter has been recognised in this category since 2011, with Fiona recognised since 2015 and Iain since 2016.

Related News & Insights

Franchise systems benefit from competition law changes


Posted By on 10/11/17 at 10:29 AM

Profit opportunities for franchise systems arising from changes to competition laws When your franchise system was established, considerable thought was given to the profit centres it would create and achieving from them a return satisfactory to the system and/or its shareholders, which at the same time provided an acceptable income to your franchisees to justify … Read more

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

Proposed Australian workplace law changes affecting franchisors

By Jessica McNamara and Iain Irvine The 7-Eleven scandal, which involved unlawful conduct by franchisees such as requiring employees to pay back a significant amount of their wages and falsely recording data, sparked a thorough investigation by the Fair Work Ombudsman. Following the release of the Ombudsman’s report, the Australian government announced its policy to … Read more