franchising

Franchising is an opportunity for businesses to grow and expand. But if not set up correctly and developed in a sound and sustainable franchise framework, trouble can arise in franchising relationships, from regulators and in the court of public opinion.

For our clients, we’re trusted business advisors as much as lawyers, with expertise in all areas of franchising. We have helped businesses expand their operations locally, nationally and internationally, as well as international franchisors looking to launch in Australia.

Franchising is an opportunity for businesses to grow and expand. But if not set up correctly and developed in a sound and sustainable franchise framework, trouble can arise in franchising relationships, from regulators and in the court of public opinion.

For our clients, we’re trusted business advisors as much as lawyers, with expertise in all areas of franchising. We have helped businesses expand their operations locally, nationally and internationally, as well as international franchisors looking to launch in Australia.

Our experienced team provides clients with strategic and insightful advice and make recommendations they can act on with confidence. Our lawyers work on the full spectrum of franchising matters from establishing franchise systems and how they will work, drafting up and reviewing agreements, acting on mergers and acquisitions, brand and intellectual property development through to management and enforcement, dispute resolution and litigation and other general commercial issues.

Our clients know we are with them every step of the way.

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services

we advise franchising clients across all areas of expertise, in particular:
advertising, marketing and asset review
consumer protection legislation
dispute resolution and litigation
drafting franchise, dealer and licence agreements
employment, safety and migration
enforcement of contracts and restraints
establishing business models and distribution networks
we advise franchising clients across all areas of expertise, in particular:
advertising, marketing and asset review
consumer protection legislation
dispute resolution and litigation
drafting franchise, dealer and licence agreements
employment, safety and migration
enforcement of contracts and restraints
establishing business models and distribution networks
intellectual property, including trade marks and brands
lease and property advice
licensing, reseller, agency and other distribution options
mergers and acquisitions
negotiating asset and share sales, joint ventures and partnerships
privacy, data collection, compliance and cross-border data deals
product warranties
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what our
clients say

“Aussie Disposals established 1962, is a privately owned retailed chain with over 40 stores of which 15 are franchised. We have dealt with Macpherson Kelley for over 40 years. Paul and his team have been instrumental in ensuring we are up to date with all legal requirements in running a successful franchise operation. Running a retail chain is multi-layered and can offer a number of complicated litigative issues of which Macpherson Kelley have always offered solid reliable legal advice often leading to successful outcomes.”

mark purvis
managing director
aussie disposals

recent experience

  • dealing with the accc

    Macpherson Kelley acted for a franchisor in receipt of a Section 51ADD notice pursuant to the Competition and Consumer Act 2010. We assisted in the preparation of the documents to be produced and provided responses to various concerns raised by the ACCC.

    Our team developed a strategy which allowed them to assess the risk profile of the client and implement mitigation strategies to minimise any exposure the client may have.

  • marketing fund overhaul

    In acting for a national food franchisor, Macpherson Kelley provided extensive advice around the franchisor’s obligations under the Franchising Code of Conduct, in particular around the marketing fund requirements in light of the recent judgement in ACCC v Ultra Tune. Facing the challenge of “but this is how we have always done it” from the client meant our team needed to provide more than just extensive advice on the associated risk with not adopting the required changes. We worked through with the client what it would mean for the business and the network overall if the consequences of those risks came to fruition. Getting any organisation to change and overhaul their systems is no easy feat, however by providing extensive specialist advice and becoming the trusted advisor ensured we could implement those changes successfully for our client.

  • establishing a unique franchise system

    Macpherson Kelley worked with a start-up business in establishing a unique franchise system within the fitness sector. The solution incorporated two kinds of systems – a licensing system and a mobile/on demand system using an app. Bringing the two together involved lateral thinking, as there was nothing else like it on the market. As well as applying our franchise expertise, we called on lawyers from other practice areas, such as our intellectual property and tax teams to help establish a sustainable framework.

  • franchise agreement breach

    Macpherson Kelley acted for a franchisor which sold flat pack kitchens and who had a franchisee set up his own business providing the same service. The claim involved alleged breaches of the franchise agreement by the franchisee as well as breaches of confidential information when he left the franchise. At mediation we were able to negotiate an agreement, the former franchisee would not operate for a certain period of time or within a certain area, safeguarding the franchisor from any further losses. He also returned all confidential information held by him which related to our client’s business as well as payment of compensation.

you’re in good company
meet some of franchising clients

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