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Franchise disputes

Franchise law is complex, but we can help you find a solution

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Franchise disputes

Find out where you stand

Franchise agreements are complex legal documents, and disputes can arise when one party believe the other party has breached the agreement. We can help you understand your rights and obligations under your franchise agreement and make sure you get the outcome you're entitled to.

Get a fair outcome

We can help you ensure the other party in your franchise dispute meets their obligations.

Protect your business

Whether you're a franchisee or franchisor, protecting your business is essential.

Get a fast resolution

It's best to resolve your dispute quickly and amicably so you can go back to running your business.

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Get advice about franchise disputes

Talk to us about your franchise for expert legal advice.

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How we handle franchise disputes

Communication conversation
1

Tell us about your case.

Document
2

We will assess your case and review your franchise agreement.

Balanced law scales
3

We will check if your franchise agreement is in breach of Australian Consumer Law.

Legal action
4

We will advise you on your options and take the appropriate legal action for your case.

Legal outcome document
5

We will pursue your case through to the final outcome, including litigation if necessary.

How we handle franchise disputes

Communication conversation
1

Tell us about your case.

Document
2

We will assess your case and review your franchise agreement.

Balanced law scales
3

We will check if your franchise agreement is in breach of Australian Consumer Law.

Legal action
4

We will advise you on your options and take the appropriate legal action for your case.

How we handle franchise disputes

Communication conversation
1

Tell us about your case.

Document
2

We will assess your case and review your franchise agreement.

Balanced law scales
3

We will check if your franchise agreement is in breach of Australian Consumer Law.

Our franchise disputes team

Our lawyers are experts in franchise disputes, and we can help you with your case anywhere in Australia. We have experience handling disputes from both sides, so we can help you no matter what the details of your case are.

Leigh Nikolakis

Principal Lawyer

Matthew McKinley

Associate

Talk to a franchise disputes lawyer for advice today.

Your lawyers for franchise disputes

Experience you can rely on

Franchise disputes are extremely complex. We have the experience and expertise necessary to review your contracts, check if they breach Australian consumer law, and check if any misleading or deceptive conduct has taken place.

Fast and efficient

Franchise disputes can have a big impact on your business and livelihood. We work hard to ensure you get a speedy resolution for your case without any unnecessary delays.

Clear, direct advice

We provide open, honest advice because we don't want to waste your time. We will give you a frank assessment of your case so you know where you stand and what your options are.

Flexible pricing

We offer fixed fee or tailored pricing to suit you and your case. We will give you advice on your situation and describe your options so can get an idea of where you stand.

Contact us

Get advice about your franchise dispute

Whether you're a franchisee or franchisor, we can help with your case.

(03) 9813 4290
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Testimonials

Your questions answered

Do you review franchise agreements?

Yes, but only after the agreement has been made. We review the agreement so that we understand the nature of the dispute between the franchisor and franchisee.

I have signed a franchise agreement, but the franchisor has breached it, what are my options?

The first step is to try to resolve the dispute through mediation. We do this to try and resolve the dispute without resorting to drawn-out legal proceedings, which can be costly.

Are there any laws that regulate franchising?

Yes, the relevant laws are:

  • Competition and Consumer Act 2010
  • the Fair Work Act
  • Retail Leases
  • Intellectual property law
  • Contract law
  • the Australian Securities and Investments Act
  • Australia’s tax laws
  • Various state and territory licensing schemes

As the legal issues can cut across a number of areas of the law, and jurisdictions, disputes can be very complex. That’s why you need to engage a firm with experience in this area.

Can I get out of a franchise agreement?

Franchisees can terminate the franchise agreement, but there are generally penalties that apply. You can also sell the franchise.

A franchise agreement will normally contain some or all of the following grounds for termination:

  • Non-payment of franchise fees or other amounts owing to the franchisor.
  • The franchisee becoming insolvent, appointing some form of insolvency administrator, or having a judgement debt entered against it.
  • The death or incapacity of the franchisee, or a key individual in the case of a corporate franchisee.
  • The attempted transfer or sale of the franchise in breach of the franchise agreement.
  • Breach of the franchise agreement.
  • Contravention by the franchisee of any relevant laws or regulations applying to the franchised business.
  • Failure to open or carry on the business for a defined period, indicating that the franchisee has abandoned business or is not complying with a key element of the business.
  • Destruction of the premises from which the business is operated or the occurrence of some other event which prevents the franchisee from carrying on the business.
  • Failure to meet any agreed performance criteria,

You can also terminate the FA under the Franchising Code of Conduct.

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