Franchising

Our franchising team advises clients in a range of industries, predominantly in technology, retail, automotive, FMCG and food. We regularly advise domestic and international clients on the Franchising Code of Conduct and Australian consumer laws affecting their Australian operations and in relation to franchise disputes.

Our franchising clients include SingTel Optus, Jetset Travelworld, Energex Limited, Fonterra Australia, Specsavers, 7 Eleven Stores, Subway Systems, Giorgio Armani, Jurlique, BMW (Australia), Hertz Australia, Mitsubishi Motors Australia, Subaru Australia, Ray White, Roger David, BRP Australia, AMP, Westpac, Silverpop and Green Resources Group.

Our clients rely on us to provide practical advice that cuts through to commercial reality. We do this by applying superior legal expertise in franchising law and our comprehensive understanding of the franchising sector and the commercial consequences of a franchise relationship.

Our team, which includes intellectual property and competition law specialists, has built on years of experience in franchising matters to deliver the service that clients expect from a top-tier law firm.

5 May 2014

On 1 May 2014, the Full Court of the Federal Court of Australia handed down its appeal decision in SPAR Licensing Pty Ltd v MIS QLD Pty Ltd. In doing so, it set aside a franchise agreement resulting from the franchisor's breach of the Franchising Code of Conduct.  Franchisors will need to review their disclosure documents (including the accompanying financial information) and ensure that they are fully aware of the technical requirements under the Code for the preparation and provision of a disclosure document to franchisees.

2 April 2014

Today the Minister for Small Business, the Hon Bruce Billson MP, released an exposure draft of amendments to the Franchising Code of Conduct and relevant provisions of the Competition and Consumer Act 2010 for public consultation. The substantial amendments in the draft Code confer new rights on franchisees and increase the regulatory and compliance obligations of franchisors.

6 March 2014

The NSW Supreme Court decision in Video Ezy International Pty Ltd v Sedema Pty Ltd [2014] NSWSC 143 demonstrates that courts are prepared to take a tough line on franchisors, rejecting technical legal arguments about the construction of agreements relating to the franchise relationship.

8 January 2014

The decision in Julstar Pty Ltd v Hart Trading Pty Ltd highlights the importance of documenting key representations made by the parties prior to entering into a franchise agreement or indeed any agreement. The Minister for Small Business, Mr Bruce Billson, has also indicated that the government welcomes the recommendations of Alan Wein on changes to the Franchising Code of Conduct.

26 July 2013

The government's formal response to the recommendations contained in the review of the Franchising Code of Conduct (Wein Report) confirmed that it, unconditionally, in part or in principle, accepts the vast majority of the recommended changes to the Code.