Franchising
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 70,000 franchised businesses in Australia with a sales turnover estimated at $128billion.
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.
We 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:
- Advising on the appropriate structure for the business and preparing any necessary documents such as licence agreements for intellectual property
- Advice about setting up a new franchise system including advice on the Franchising Code of Conduct and Competition and Consumer Law
- Preparing Disclosure Documents and Franchise Agreements that comply with the Franchising Code of Conduct and all other documents to establish a franchise system
- Submitting Franchise documents to Franchisees for new grants, renewals or on transfer of an existing franchised business
- Preparing and advising on Leases and Licences to Occupy
- Advising on protection of intellectual property and arranging registration of trade marks nationally and internationally
- Negotiating, mediating and resolving disputes between franchisors and franchisees
- Advising on Trade Practices issues and conducting seminars to inform clients regarding their obligations under the Competition and Consumer Act
- Assisting clients to implement Trade Practices Compliance Programs
- Reviewing and advising on Franchise Agreements for new or renewing franchisees
- Assisting in due diligence
We also provide general business and commercial advice such as:
- Advising on Joint Ventures and preparing appropriate agreements.
- Preparation and advising on Shareholders or Partnership Agreements
- Advising on trusts and setting up trusts
- Stamp Duty advice
- Company restructuring
- Advice on acquisition of franchise systems
- Advising on business acquisitions and negotiation of contracts and leases. See our articles on the Steps involved in purchasing a franchise business.
- Advising on all aspects of acquisition of a supermarket
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 chair of the Queensland Law Society Franchising Committee and a member of the Business Law committee.
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