Franchising
Franchising has emerged as a new field of legal and business specialty over the past 20 years. Franchising legal issues often have important strategic and commercial implications, and franchising clients demand professional advice that is industry focused, practical and tailored to their business needs.
Norton Rose Australia is rated by Chambers Legal Guide as “the leading firm for franchising operating across Australia and nearby jurisdictions”, and is the only Australian firm listed in The International Who’s Who of Franchise Lawyers (under our former name Deacons). We have been involved in the growth and development of many of Australia’s leading franchise systems, and currently represent in excess of 200 franchisors. In each of our offices we have designated people focused specifically on providing expert practical assistance to our franchise sector clients.
Our lawyers have been at the forefront of developments in franchising in Australia and Asia, representing the peak industry body in dealings with the Australian Government and the Australian Competition and Consumer Commission concerning the regulatory framework and writing most of the leading franchise industry publications, including authoritative franchising text Franchising Law & Practice; and industry guidebooks such as The Franchisor’s Manual; How to Franchise Your Business; Expanding Internationally – A Guide for Australian Franchise Systems; Compiling a Franchise Operations Manual and GST and Franchising: A Guide for Franchisors.
Clients require franchise lawyers who have a comprehensive understanding of the laws directly impacting franchising, such as the Franchising Code of Conduct, the Trade Practices Act, the Trademarks Act, the Copyright Act, retail tenancy and consumer protection legislation and contract law. Increasingly however, clients also need access to specialist services in fields such as tax, employment law, international law, mergers and acquisitions, capital raising, private equity, corporate law, intellectual property, occupational health and safety and property. Frequently we are also called upon to provide strategic and commercial input.
Norton Rose Australia offers practical commercial assistance on all matters relevant to franchisors, including:
- strategic advice on franchising, master franchising, area development, licensing, reseller, agency and other distribution options
- development and implementation of franchising programs for retailers and distributors including drafting all legal and operational documentation
- advice on pricing, supply, misleading conduct, unconscionable conduct and all other aspects of the Trade Practices Act and Fair Trading Acts
- preparing disclosure documentation, advising on Franchising Code of Conduct compliance and implementing franchise document management process
- enforcement of franchise agreements, negotiating with franchisees and assistance with mediation, arbitration and court action
- protection of franchisor trademarks, copyright, confidential information and other intellectual property including registration and enforcement action
- negotiation and documentation of leases, sub-leases, licences and step-in agreements and providing tenancy advice in all States
- handling franchise sales, transfers, renewals and terminations
- assisting with the acquisition and sale of franchise networks
- dealing with the ACCC including lodging authorisations and notifications and managing complaints, investigations and prosecutions
- assisting with exporting including advice on foreign laws and agreements
- advice on occupational health and safety, insurance, vicarious liability, stamp duty, GST for franchise networks
- Trade Practices Act compliance programs and training
- taxation, GST, stamp duty and payroll tax advice
- town planning, development and property advice and transactions
Franchising capability statement