Iain Irvine Principal

Iain is a commercial lawyer and provides specialist advice in relation to franchising, licensing, distribution and intellectual property.

Iain has assisted vendors and purchasers in relation to share and business asset sale and purchase transactions with purchase prices ranging between approximately $100,000 to $100 million.

In addition to transactional matters, Iain provides commercial advice to clients in a number of industry sectors in relation to the following:

  • establishing companies, trusts and other business structures including preparing shareholder documents
  • business succession and estate planning
  • 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, anti-competitive conduct, statutory warranties/guarantees and other aspects of the Australian Consumer Law, and
  • personal property securities law.

Clients describe Iain as a “true leader in the franchise legal market”
– Who’s Who Legal (Franchise)

Iain regularly advises 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.  He also advises clients on acquisition of competing brands.

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.

Recognition

Iain has received the following recognition:

  • Who’s Who Legal – Franchise Law (2016-2018).
  • The Best Lawyers™ in Australia – Commercial Law (2020).
KHQ Lawyers

Latest News & Insights

Ultra Tune fined for breaching Franchising Code


Posted By on 21/02/19 at 10:35 AM

By Iain Irvine (Principal) and Jessica McNamara (Associate) Federal Court gives further direction on required content of annual marketing fund statements The Australian Competition and Consumer Commission’s recent investigations into the conduct of well known motor repairer, Ultra Tune, have resulted in the Federal Court ordering Ultra Tune to pay a penalty of $2,604,000 to … 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


Posted By on 28/03/17 at 2:29 PM

By Jessica McNamara (Associate) and Iain Irvine (Principal) 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 … 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