Franchising, Licensing & Distribution

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.

Recognition

Peter Buberis and Iain Irvine are both recognised in 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