Franchising

Franchising has emerged as one of the most common methods of conducting business in Australia.  Our experienced lawyers are able to assist in all aspects of this bourgeoning section.

Our Franchising Department, headed up by Peter Haug, Partner and an Accredited Business Law Specialist, has a well established history of acting for both Franchisors and Franchisees operating in a diverse range of franchise systems. 

Franchisor clients, on behalf of whom compliant documentation have been prepared and ongoing assistance provided, include:

• “Allied Pickfords Removalists”

• “Brown Gouge Dry-Cleaning”

• “ITP – The Income Tax Professionals”

• “Ferrari Formalwear”

• “Spurling Formalwear”

Franchise Systems, in respect of which we’ve assisted Franchisees, include:

• “Donut King”

• “Jim’s Mowing”

• “Made in Japan”

• “RG Madden”

• “LJ Hooker Business Broking”

• “The Cheesecake Shop”

• “Noodle Box”

• “Midas Car Care Centre”

• “Australia Post”

For those intending to enter the franchise sector by taking a franchise, it is imperative that they engage the services of a specialist franchise lawyer to guide them along the way and ensure that their interests are protected.

Marshalls & Dent are not only able to deliver specialist service and advice in this often complex area of law, but due to having acted for both Franchisors and Franchisees, are able to bring to the table a very balanced, pragmatic commercial approach.

Our Franchising Department covers all facets of franchising, including but not limited to:-

• On behalf of Franchisors 

• Advising on and assisting with compliance matters, including preparation of Franchise Disclosure Documents.

• Preparation of Franchise Agreements. 

• Advising on and assisting in the setting up of the appropriate Business Structure, including a separation of the “franchising arm”, the “IP arm” and, where applicable, the “leasing arm”.

• Dispute Resolution, whether it be by way of Mediation, (as prescribed by the Franchising Code of Conduct), or if absolutely necessary, via the Court process.

• Commercial Leasing.

• On behalf of the Franchisees 

• Reviewing and advising on Franchise Documentation, including Franchise Agreement and Franchise Disclosure Document and, where possible, negotiating necessary amendments to the Franchise Agreement.

• Advising on and implementing the appropriate Business Structure, including Partnership, Company and Trust (whether Discretionary Trust, Unit Trust or Hybrid Trust).

• Advising on and implementing an appropriate “Asset Protection Strategy”.

• Commercial Leasing including reviewing and advising on Leases, Sub-Leases and Premises Licences (as the case may require).

• Sale of Business for “exiting Franchisees”, including preparation of Contract of Sale of Business and dealing separately with the Franchisor to ensure completion.

• Dispute Resolution, whether it be by way of Mediation, (as prescribed by the Franchising Code of Conduct), or if absolutely necessary, via the Court process.

For further information and guidance, intending franchisees are referred to the following Articles:-

• "So You Want to Get Into a Franchise" and
• Due Diligence (by ACCC Chairman Graeme Samuel, sppedaring in BRW, January/March 2009 Edition).