Franchising Law
“Successful franchise expansion requires planning and knowledge of the market and legal system. Stephens Lawyers can get you there.”
Stephens Lawyers & Consultants has been providing legal services to the franchise industry for over 20 years and has set up franchise systems in a diverse range of industries including entertainment, restaurants, hotels and other personal services, to technology and e-commerce.
The law regulating the franchise industry in Australia is complex and undergoing change. Without accurate advice and correct documentation, businesses risk contravention of the Franchising Code of Conduct and the Competition and Consumer Act, and other laws and potential penalties.
Franchising arrangements require careful scrutiny of intellectual property rights, effects on competition, consumer protection, risk and liability issues.
Stephens Lawyers can assist businesses with:
- Establishment of innovative franchising and distribution systems with sound legal foundations.
- Preparation and review of all agreements to operate a franchise including Area Development Agreements, Master Franchise Agreements, Franchise Agreements and Disclosure Documents under the Franchising Code of Conduct.
- Preparation and review of distribution agreements, dealership agreements, reseller agreements, trade mark and IP licence agreements.
- Protection of trade marks, copyright material and other intellectual property rights.
- Compliance with the Australian Competition and Consumer Act including the Franchising Code of Conduct and other laws.
- Responding to the Australian Competition and Consumer Commission (“ACCC”) in respect of compliance issues under the Australian Competition and Consumer Act.
- Education and training programs.
Stephens Lawyers litigation and dispute resolution practice is also involved in the mediation and conciliation of franchise disputes and court litigation where matters cannot be resolved commercially.
Links to Publications
Franchising in Australia – October 2018
The New Personal Property Security Register – How does it Effect Franchise Businesses
Are you aware of the ACCC’s industry code audit powers? – October 2011
Franchising Update: Warranties to Consumers & the new Competition and Consumer Act – December 2010
Franchising Update: Franchising reforms expand franchisor disclosure obligations – March 2010