Franchising, Licensing & Distribution Law

Our franchise team is at the leading edge of franchise legal developments.  We have the experience and ability to deal with complex franchise issues across a broad spectrum of events ranging from regulatory matters to implementation issues and transition of franchise systems from privately held corporate entities to private equity funds and publicly listed companies.

We have assisted many clients to grow from small enterprises to national and international business systems, and have also assisted international clients to adapt to the requirements and operations of the Australian market.

Our team delivers:

  • worldwide experience – our lawyers have assisted many well-known global companies with their entry into the Australian market and with exporting home-grown business systems all over the world
  • leading edge capability – our lawyers understand the legal and commercial issues involved in rapid growth and the complex regulations governing the franchise industry
  • a full range of legal advice – we offer assistance in everything from legal compliance and document drafting to working within industry codes and mediation

We can assist with:

  • advice on appropriate business structures such as franchise, distribution, agency and dealer networks
  • advice on legal mechanisms to protect assets of these networks including brand goodwill and intellectual property including trade marks
  • compliance with the Competition and Consumer Act 2010 (Cth) and the Franchising Code of Conduct, and regulatory requirements of the Australian Securities and Investment Commission, the Australian Competition and Consumer Commission and other regulatory bodies throughout Australia
  • dispute resolution including negotiation and mediation alternatives to court including those under the Franchising Code of Conduct
  • commercial resolutions regarding agency and franchise relationship issues
  • property, leasing and insurance issues
  • advice on methodologies for system expansion including capital/equity raising and IPOs, assisting in offshore expansion and master international appointments
  • advice on Fair Work Act compliance
  • understanding key issues in exporting franchise systems, especially between Australia and New Zealand, the United Kingdom and the United States of America
  • making submissions to Federal Government Inquiries, and development of all necessary legal documentation

Our lawyers are recognised both locally and internationally as some of the nation’s leading practitioners in this area.

Recognition

Peter Buberis and Iain Irvine are both recognised in Who’s Who Legal for Franchise Law.  Peter has been recognised in this category since 2013, and Iain since 2016.  Iain has also been recognised by Who’s Who Legal as a Thought Leader in Franchise.

Peter Buberis, Iain Irvine and Fiona Trethewey have also been recognised in The Best Lawyers in Australia for Franchise Law and Commercial Law.

Peter has written the current text book on the Franchising Code of Conduct which was published by Emerald Publishing in early 2020.