Franchising, Licensing & Distribution Law

Our franchise team is at the leading edge of franchise legal developments.  We have the experience and ability to deal with complex franchise issues across a broad spectrum of events ranging from regulatory matters to implementation issues and transition of franchise systems from privately held corporate entities to private equity funds and publicly listed companies.

We have assisted many clients to grow from small enterprises to national and international business systems, and have also assisted international clients to adapt to the requirements and operations of the Australian 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:

  • advice on appropriate business structures such as franchise, distribution, agency and dealer networks
  • advice on legal mechanisms to protect assets such as the agency, distribution structure, franchise system, the network, the brands and intellectual property including trade marks
  • compliance with the Competition and Consumer Act 2010 (Cth) and the Franchising Code of Conduct, and regulatory requirements of the Australian Securities and Investment Commission, the Australian Competition and Consumer Commission and other regulatory bodies throughout Australia
  • 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
  • advice on methodologies for system expansion including capital/equity raising and IPOs, assisting in offshore expansion and master international appointments
  • understanding key issues in exporting franchise systems, especially between Australia and New Zealand, the United Kingdom and the United States of America
  • making submissions to Federal Government Inquiries and franchise industry conferences about the law relevant to franchising and the Competition and Consumer Act 2010, and
  • development of all necessary legal documentation.

Our lawyers are recognised both locally and internationally as some of the nation’s leading practitioners in this area.


Peter Buberis and Iain Irvine are both recognised in Who’s Who Legal Franchise for franchise law.  Peter has been recognised in this category since 2013, and Iain since 2016.  Iain has also been recognised as a Thought Leader for the past two years, one of very few lawyers to be so recognised in the Asia-Pacific legal market.

Peter Buberis, Iain Irvine and Fiona Trethewey have also been recognised in The Best Lawyers™ in Australia for Franchise Law in 2019. Peter has been recognised in this category since 2011, with Fiona recognised since 2015 and Iain since 2016.

Related News & Insights

Food services franchise scorecard – ACCC unimpressed

Posted By on 28/08/19 at 10:17 AM

The Australian Competition and Consumer Commission (ACCC) has revealed the key findings of its recent compliance checks of a sample of franchisors in the food services sector. The ACCC investigated 12 separate food services industry franchisors. The report outlines the following issues. 8/12 of the franchisors made it difficult to contact former franchisees The Franchising … Read more

Report on senate inquiry into franchising sector published

Posted By on 18/03/19 at 5:37 PM

On 14 March 2019, the Parliamentary Joint Committee on Corporations and Financial Services released its report entitled ‘Fairness in Franchising’. The first recommendation of the Report is that an inter-agency Franchising Taskforce be established to examine the feasibility and implementation of a number of the Committee’s recommendations. It is recommended that the Taskforce include representatives … Read more

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