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Protect your business with our Melbourne franchise lawyers

Franchisor or franchisee, our expert lawyers have your back

Franchising can be lucrative for parties on both sides of the equation. But an unclear franchise system, complex contract and knotty IP regulations create severe legal pitfalls. Our franchise lawyers can safely navigate you through the most charged disputes with personalised, specific and actionable legal advice.

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Franchise disputes

Understand your position. Clarify your options. Act.

If you are currently considering and researching franchise disputes, we can assume that you and the other party have reached an impasse, or soon will. Book a consultation at our Richmond office in Melbourne (or via conference call), and our franchise lawyers will help you understand your rights and obligations under your franchise agreement and ensure you get the outcome you're entitled to.

  • Get a fair outcome
    We can help ensure the other party in your franchise dispute meets their obligations.
  • Protect your business
    Your existing franchise business is your livelihood. We’re here to help you protect it.
  • Get a fast resolution
    It's best to resolve your dispute quickly and amicably so you can return to running your business.

Learn how to resolve your franchise disputes

Talk to us about your franchise for expert legal advice.

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Building and construction dispute services

Ready to move forward? Take the first steps.

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 breaches 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.

Ready to move forward? Take the first steps.

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 breaches Australian Consumer Law.

Legal action
4

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

Ready to move forward? Take the first steps.

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 breaches 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 the details of your case.

We provide franchise law advice for clients across Australia

How your dedicated franchise lawyer can help you

Our lawyers have a wealth of proven experience helping clients successfully navigate franchise disputes. From mundane misunderstandings to fraught financial affairs, there’s no challenge we cannot assist you with. 

  • Our lawyers excel at franchise industry law
  • Experts in the Australian Competition and Consumer Act
  • Specialists in the Franchising Code of Conduct
  • Specialists in commercial law and intellectual property law
  • Able to assist both franchisor and franchisee parties
  • Client-dedicated franchise lawyers guarantee efficient, effective legal aid
  • Offer a wide range of franchise dispute resolution strategies

We make a complex challenge as straightforward as possible

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. Whatever your decision, we will work efficiently to maximise the benefits of our service.

Experience you can rely on

We have the experience and expertise to review your contracts, check if they breach Australian consumer law, and investigate whether any misleading or deceptive conduct has occurred.

Fast and efficient

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

Testimonials

Contact our commercial litigation lawyers

Litigation is often a time-sensitive matter.
Our lawyers are ready to go.

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Level 3, Building 5, 658 Church Street, Richmond, Victoria 3121

Monday – Friday
8:30am – 5pm

Flexible payment plans available

Dale Street Parking and Wilson Parking nearby

Frequently asked questions

Do you review franchise agreements?

Yes, but only after the agreement has been made. We review the contract so that we understand the nature of the dispute between the franchisor and the 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. We provide franchise dispute mediation services.

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

Disputes can be very complex as the legal issues can cut across several areas of the law and local jurisdictions. That’s why you must engage a firm with experience in this area.

Can I get out of a franchise agreement?

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

A franchise agreement will typically 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 judgment 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 breaches 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 the 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 that 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.

Latest resources

Page author

Leigh Nikolakis is a qualified commercial tenancy dispute lawyer with years of experience in this area of law.

About us
Leigh Nikolakis
Principal Lawyer

Leigh has decades of legal experience and has held the Director position at AANDI Lawyers for over 8 years.