We act for both Franchisors and Franchisees.
We represent several large franchisor companies in commercial litigation and franchise dispute matters.
We also regularly review Franchise Agreements and Disclosure Documents which have been given to potential franchisees by the Franchisor and give advice on the rights and obligations under the Franchise Agreement before it is signed.
It is important for a Franchisee to fully understand the risks and their obligations under a Franchise Agreement before they enter into a Franchise Agreement.
If you already have a signed Franchise Agreement, we can give you practical and commercial legal advice on the clauses of the Franchise Agreement.
If a dispute has arisen - disputes between franchisees and franchisors including all disputes over franchise clauses and alleged breaches of the Franchising code of Conduct, we can give you legal advice on your rights and obligations under the Franchise Agreement and advice on the dispute resolution clauses.
If you have a franchise dispute the first step is for the concerned party to contact the other party. It is important to communicate the nature of the conflict, the desired outcome and what actions need to be taken to remedy the dispute.
If the dispute cannot be resolved within 21 days, a mediator may be appointed by either party. If both parties cannot agree on a mediator, they need to refer the matter to the Office of the Franchising Mediation Advisor (OFMA). The OFMA will appoint a mediator.
Mediation is about both parties genuinely working together to find a solution. For this reason, not attending mediation discussions will result in a serious penalty.
In the case that mediation fails to resolve the dispute, you are still able to take legal action against the franchisor or franchisee.
If you have a franchise dispute, please contact us to ensure that you are satisfying all of your obligations under the Franchising Code of Conduct.
Because our offices are not located in the CBD our rates are substantially lower, often up to 20% lower, than most commercial law firms.