McInnes Wilson Lawyers has a wealth of proven experience in all aspects of franchising.
Our Franchising team considers it essential to maintain a thorough understanding of the businesses and industries in which our franchising clients operate. Remaining well informed and having a proactive approach ensures that our clients receive commercially astute advice on issues that may impact their business.
Our expertise lies in dealing with the full range of legal challenges facing businesses operating in a franchise environment including:
- Drafting and review of franchise and disclosure documentation and all other associated documents that form part of the franchise relationship
- Franchise disputes and Regulatory Compliance
- Taxation and structuring advice in relation to franchisors and franchisees
We make it our business to know what is happening in the franchise industry and are actively involved in professional bodies, committees and organisations within the industry. Our team is supported by other specialised practices including Property, Intellectual Property, Industrial Relations, Taxation and Revenue, and Corporate Recovery and Dispute Resolution.
We have acted for numerous franchisor and franchisees in the retail, real estate, personal services, manufacturing, consulting services and hospitality industries. We have recently been involved in the following franchise transactions:
- Preparation of full suites of franchise documents for start up franchisors operating nationally with up to 80 franchisees.
- Provision of stamp duty advice to an established franchise network regarding the apportionment of attributable values in a franchise fee.
- Preparation of master franchise documentation on behalf of foreign based franchisors regarding their expansion into the Australian market.
- Preparation of documentation for Australian franchisors or master franchisees expanding internationally.
- Management of the full franchise documentation process for various franchisors including the issue of new documents and managing renewals and terminations.
- Acting for a franchisor in Federal court litigation by 9 franchises alleging breaches of the Competition and Consumer Act, common law and Franchising Code of Practice.
- Acting for a group of franchisees seek early exit and compensation from a franchise system due to alleged misleading and deceptive representations as to earnings obtainable which resolved by private negotiated agreement.
- Acting for a franchisor respond to concerns raised by the ACCC and resolution of consensus through negotiation of a Section 87B undertaking.
- Advising and assisting with issue or response to notices of dispute, termination, provision of discrete legal advices on enforcement and recovery arising as a result of breach and acting to recover amounts owed or enforce rights after termination.
- Acting for a franchisor and related companies and the franchisor’s directors in Federal Court Fast Track proceedings commenced by the ACCC as against them alleging breaches of the Competition and Consumer act.
- Acting as mediator appointed by the Office of Franchising Mediation Advisor to conduct mediations under the Code.