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.

Read More

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
Read More

what our clients say

"Macpherson Kelley's franchise team have produced our franchise agreements for a total of six franchises to date. Each agreement has come with its own individual issues. The team's patience and knowledge is a credit to Macpherson Kelley. With each franchise, the team has stepped me through the process to ensure I completely understand the ins and outs of the agreements. The team has given me the knowledge and confidence which allows me to make the decisions required to help our business grow and prosper." carol-lynne mitchell franchise manager kitchens u build
"Aussie Disposals estalished 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

  • 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.

stay up to date with our news & insights