Iain Irvine

Partner

Iain is a commercial lawyer and provides specialist advice in relation to franchising, licensing, distribution and intellectual property.

Iain has assisted vendors and purchasers in relation to share and business asset sale and purchase transactions with purchase prices ranging between approximately $100,000 to $100 million.

In addition to transactional matters, Iain provides commercial advice to clients in a number of industry sectors in relation to the following:

  • establishing companies, trusts and other business structures including preparing shareholder documents
  • business succession and estate planning
  • corporate governance including company procedures and directors duties
  • commercial contracts including services agreements, manufacturing and distribution agreements, shareholders agreements, terms and conditions of supply, asset leases, sponsorship agreements and guarantees
  • competition and consumer law including misleading and deceptive conduct, anti-competitive conduct, statutory warranties/guarantees and other aspects of the Australian Consumer Law, and
  • personal property securities law.

Clients describe Iain as a “true leader in the franchise legal market” – Who’s Who Legal

Iain regularly advises clients on Australian and international franchising, licensing and distribution.  He has assisted a number of Australian franchisors with establishment and operation of their franchise systems including advising on resolution of disputes with franchisees.  He also advises clients on acquisition of competing brands.

Iain has previously worked in the USA advising a number of established US brands on licensing into foreign jurisdictions including in the EU, Asia and the Middle East.  He continues to assist foreign counsel with franchising and distribution into Australia.

Iain advises clients on intellectual property rights and commercialisation as well as IT and online legal issues including privacy, social media, trademark and domain name issues, and web-related contracts.

RECOGNITION

Iain has been recognised by Who’s Who Legal in the area of Franchise Law since 2016, listed in The Best Lawyers in Australia for Commercial Law since 2020 and included in the Doyle’s Guide Leading Intellectual Property Law Rankings in South Australia since 2021.

Latest News & Insights

Australian Franchising Code of Conduct amended on 2 June 2021

Posted on BY Iain Irvine

Introduction Following a lengthy Parliamentary Inquiry commencing in March 2018, amendments to the Franchising Code of Conduct were released 1 June 2021. Of the 71 earlier recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services some 11 substantive changes have been taken up impacting on the disclosure obligations of the franchisor, the […]

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Proposed changes to Australian privacy laws

Posted on BY Iain Irvine

Private businesses with a turnover of AU$3 million dollars or more operating in Australia must comply with the Privacy Act in relation to customer and other personal information they collect. Certain other prescribed businesses have obligations irrespective of their turnover. Obligations include having a clearly expressed and up to date privacy policy and notifying affected […]

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Food services franchise scorecard – ACCC unimpressed

Posted on BY Iain Irvine

The Australian Competition and Consumer Commission (ACCC) has revealed the key findings of its recent compliance checks of a sample of franchisors in the food services sector. The ACCC investigated 12 separate food services industry franchisors. The report outlines the following issues. 8/12 of the franchisors made it difficult to contact former franchisees The Franchising […]

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The teeth of the tiger – penalties coming for unfair contract terms

Posted on BY Iain Irvine

When the unfair contract terms provisions of the Australian Consumer Law were extended to apply to small business contracts in late 2016, some users of these contracts made no changes or took a fairly “light touch” approach to reviewing their template agreements.  This is possibly because it was unlikely a dispute over whether a clause […]

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Ultra Tune fined for breaching Franchising Code

Posted on BY Iain Irvine

Federal Court gives further direction on required content of annual marketing fund statements  The Australian Competition and Consumer Commission’s recent investigations into the conduct of well known motor repairer, Ultra Tune, have resulted in the Federal Court ordering Ultra Tune to pay a penalty of $2,604,000 to the ACCC. On 18 January 2019, the Federal […]

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Escrow agreements – how to ensure access to your key software

Posted on BY Iain Irvine

Software is a key asset of many businesses. It may be essential to the ongoing operation of the business. Accordingly, significant business interruption and loss could be suffered if a business owner lost the ability to effectively use, maintain or modify that software. This could occur if the software was developed or is maintained by […]

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Franchise Code: ACCC seeks penalties for alleged breach

Posted on BY Iain Irvine

It is mandatory under the Franchising Code of Conduct for a franchisor to disclose relevant business experience to prospective franchisees, including information about previous insolvency events. For the first time, the Australian Competition and Consumer Commission (ACCC) has sought penalties for breaches of the Code in the Federal Court. The revised Code (which came into […]

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Lending to tech businesses – registering security over IP

Posted on BY Iain Irvine

Consciousness of the importance and value of intellectual property assets continues to grow. Given this increasing focus, those lending to businesses with significant IP assets must ensure any general security they take for this lending covers IP, as well as the more “traditional” assets of the borrower. Securities over personal property including IP are governed […]

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