Allens

Franchising

The franchising sector has matured and strengthened since the introduction of the Franchising Code of Conduct, with many Australian and international franchises seeing expansion in Australia.

Importantly, franchising relationships are regulated by the Code, but also by legal developments in the field of unconscionable conduct and misrepresentation. You therefore need sound, well-reasoned legal advice, based on a strong understanding of the franchising sector.

We represent a diverse range of national and multinational clients in relation to their franchise interests in Australia, across a variety of industries including: restaurant and food; retail; motor vehicle; banking; and security services. Allens is also a member of the Franchising Council of Australia and we play an active role in keeping our clients abreast of developments in the franchising area.

Full suite of franchising services

The range of services we offer is extensive, including advising on:

  • the establishment of franchises and sub-franchises;
  • compliance with the Franchising Code of Conduct;
  • the drafting of disclosure documents and updates;
  • intellectual property issues, including the registration, use and protection of trade marks;
  • ongoing commercial issues including supply arrangements;
  • consumer and competition issues under the Trade Practices Act;
  • marketing issues, including advertising clearances, and the establishment and management of advertising co-operative funds;
  • issues associated with online franchise arrangements;
  • taxation issues;
  • privacy issues; and
  • franchising disputes (including court proceedings and mediation).