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Franchising

Australia has one of the most regulated franchising industries in the world. It is governed by the Franchising Code of Conduct.  

The Franchising Code of Conduct is a mandatory code applied to all business arrangements that fall under the code's definition of a franchise. You will need to fully understand the code if you are buying a franchised business.

The franchising code covers 3 key areas:

  • The code requires a franchisor to provide a disclosure document to prospective franchisees to help them make reasonable and informed decisions about buying a franchise;
  • The code requires a franchisor to provide a franchisee with certain rights in relation to franchise agreements;
  • The code includes dispute resolution procedures for franchise agreements entered into on or after 1 October 1998.

Our team has extensive experience acting for both franchisors and franchisees providing advice, preparing disclosure documents, franchise agreements and other documents associated with franchising such as lease agreements, intellectual property licensing agreements, employment contracts and supply contracts.

The team have also acted on behalf of our clients in the complex dispute resolution procedures under the Franchising Code of Conduct such as mediation, conciliation, and court proceedings.

Our team can provide a fixed fee for most areas of franchising law.

Before you embark on establishing a franchise, buying a franchised business or selling a franchised business, it is important that you obtain expert advice in this complex area of law from one of our experienced team.

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