FRANCHISING
Our Practice
Our Practice

The operation of a franchise involves a sound understanding of commercial and business law and a special understanding of the unique features and regulations governing the franchise relationship. We take the time to listen and understand your franchising needs and your business objectives.

Our Expertise

We are able to help you navigate the franchising legal framework and have extensive experience in advising both franchisees and franchisors on all aspects of franchising law. 

 

In particular, our experience includes both “front end” work (such as providing advice, drafting, and review documents) and “back end” work (in acting in dispute resolution) on aspects of franchising law including:

  • Providing advice in relation to the establishment of new franchise systems;

  • Assisting franchisors to restructure their franchise networks;

  • Providing advice to franchisors and franchisees regarding the protection of intellectual property;

  • Preparing franchise agreements and disclosure documents for franchisors in accordance with the Franchising Code of Conduct;

  • Acting for prospective franchisees in the purchase of a franchised business; 

  • Advising franchisees about their rights and obligations before entering into a franchise agreement;

  • Providing advice to franchisees about the purchase or lease of their business premises;

  • Assisting franchisees to sell or exit a franchised structure;

  • Providing advise to franchisors and franchisees regarding post-termination obligations of confidentiality, restraint of trade and ownership of clients;

  • Assisting in franchise disputes including in relation to misleading and/or deceptive conduct, breaches of the duty of good faith, or other breaches of the Franchising Code of Conduct;

  • Acting in mediations relating to franchising issues;

  • Appearing on behalf of clients in the Federal Court of Australia in relation to alleged breaches of a franchising agreement and alleged contraventions of the Franchising Code of Conduct and the Australian Consumer Law. 
     

Our Team

Please contact us to discuss your franchising needs:

Richard Waring, Director 
(07) 3307 4545
rwaring@shandtaylor.com.au

Rod O'Sullivan, Director
(07) 3307 4568
rosullivan@shandtaylor.com.au

Kimberley Forman, Director
(07) 3307 4523
kforman@shandtaylor.com.au

Emma Lewis, Lawyer

(07) 3307 4546

elewis@shandtaylor.com.au