Franchising is the key business model for over $140 billion (approximately 9%) of Australia's GDP.
Since the introduction of the mandatory Franchising Code of Conduct over 20 years ago, the complex web of regulations affecting the franchise sector has only continued to increase.
Significant changes have been introduced over the past few years, creating new challenges for both Australian and international franchises expanding into Australia. Navigating the regulatory landscape requires sound, well-reasoned legal advice based on a strong understanding of the franchising sector in Australia.
How we can help
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.
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).
Allens has extensive experience with sales and acquisitions of franchise systems, including due diligence, preparation and review of sale documentation and strategic advice. Allens also offers franchisors a free reminder service, keeping track of key Code-mandated and contractual deadlines.
As a member of the Franchising Council of Australia, we play an active role in keeping our clients abreast of developments in the franchising area.