Franchising, as a method of doing business, has achieved tremendous worldwide growth in recent years. All the laws that generally apply to commerce, for instance contract and trade practices laws, apply to franchising in Australia, but in addition, since 1998 franchising has been specifically regulated. The Trade Practices (Industry Codes — Franchising) Regulations 1998 came into full effect on 1 October 1998 and introduced a Franchising Code of Conduct that must be followed by franchisors and franchisees in their dealings with one another. The Code was amended with effect from 1 July 2010 and is regularly targeted for further amendments,
At Gregg Lawyers our Solicitors are able to assist their clients, whether you are a Franchisor or a Franchisee, in all the legal aspects of Franchise Law. From Drafting, Interpreting and Negotiating the Agreement through to Completion Stages.
For our franchisor’s we:
- protect and structure your intellectual property;
- draft / review your franchise agreement and disclosure document;
- draft / review all other ancillary documents required by the Franchising Code of Conduct and others which protect your rights;
- conduct the issue of new franchises including the handling of all documents and negotiations;
- assist with master franchising, and area development;
- provide advice on the Franchising Code of Conduct and deal with the ACCC;
- conduct and assist with meditation and dispute resolution; and
- negotiate and prepare premises leases / subleases and deal with other real property matters
For our franchisee clients we can:
- conduct a thorough review of the franchisor’s documentation;
- explain the key terms in plain English;
- alert you to any peculiar or unfair provisions that appear out of the ordinary;
- provide independent solicitors certificates;
- act in mediations, negotiations and disputes with the franchisor;
- and advise on retail or commercial leases.
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