While franchising is a dynamic sector of the Australian economy, presenting a range of opportunities for establishing profitable and exciting businesses, the complexity of the legal framework and its regulation carries significant risk. This risk must be carefully identified and managed to ensure success and avoid the pitfalls.
Prestige Legal & Corporate Services acts for franchisors and franchisees.
Our lawyers provide experienced and practical advice in all aspects of franchising from development of new franchise systems and businesses to the sale and purchase of existing franchises.
We assist our clients at all stages in navigating the numerous legal, commercial and regulatory challenges to the successful conduct of a franchised business.
And we don’t just assist with franchising. We also provide our clients with advice and assistance in other related areas such as finance, intellectual property, commercial property, company registrations, regulatory compliance, employment law, corporate law and trusts.
Legal Services for Franchisors
Our services in franchise law for franchisors include:
advice regarding disputes and representation in dispute resolution
advising on the Competition and Consumer Act including the Franchising Code of Conduct
assistance with the management of disputes with franchisees
liaison with regulatory bodies including the ACCC
assistance in the sale and resale of new and existing franchises respectively, including the conduct of negotiations and preparation and administration of all required documentation
preparation of franchise agreements, disclosure and ancillary documentation required under the Franchising Code of Conduct
identification, assessment and registration of intellectual property interest
Legal Services for Franchisees
Our services in franchise law for franchisees include:
advice regarding the Franchising Code of Conduct
provision of independent solicitor certificates
negotiating and acting on the sale and purchase of existing franchises
reviewing and advising on retail and commercial leases and licensing arrangements
advice regarding disputes with franchisors and representation of franchisees in dispute resolution proceedings
reviewing and providing advice on franchisor documentation