Franchising is a business relationship where the owner of a business providing goods or services (the franchisor) grants a right to another person (the franchisee) to market and distribute the franchisor's goods or services in the marketplace.
The relationship between those two parties is usually covered by a franchise agreement.
The franchise sector in Australia is vibrant. There are almost 79,000 franchised businesses in Australia with a sales turnover estimated at $144billion (access the Report here).
The legal framework for franchising is complex. Bywaters Timms are business and commercial lawyers with an exceptional record which spans decades in providing advice on franchise law to both franchisors and franchisees. The firm's reputation is based on a proven depth of experience and expertise. Our lawyers see beyond legal issues, providing practical, coordinated and results driven commercial solutions. We take time to understand our clients business and issues and to develop close, long term relationships.
Our Brisbane franchise lawyers have advised many franchisors from the initial set up stage through to established systems. In addition we have acted for many master franchisees and franchisees involved in over 70 franchise systems. Bywaters Timms can assist clients in all aspects of franchise law including:
We can also provide you with general business and commercial advice such as:
The firm is a member of the Franchise Council of Australia and Janice Bywaters is an active member of the Franchise Council legal committee, a past Queensland Chapter President and past National Board member. Janice is the current member and past chair of the Queensland Law Society Franchising Committee and a former member of the Business Law committee.
Take note that from 1 January 2015 amendments to the new Franchising Code of Conduct will take effect. Breaches for certain provisions may carry:
Read our article on the new Code here.