Franchise Lawyers

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    If you are looking for experienced franchise lawyers in Melbourne, you’ve arrived at the right page.

    The key to successful franchising is ensuring that the franchise agreements underpinning the businesses relationship provide a balanced and fair framework for managing how franchisor and franchisee interact.

    After all, in most cases, you are entering into a long-term commercial arrangement so it is smart to start on both a positive and collaborative note.

    At TNS Lawyers, we have experience acting for both franchisors and franchisees.

    Our franchise law experts have extensive experience working in both small and large businesses, as well as franchises. This means we take a commercial and pragmatic approach to advising our clients.

    While ensuring you are compliant under the Franchising Code of Conduct, they cut through the complexity, keep the legalese to a minimum, and focus on using the law to help you build a strong business relationship.

    Our expert franchise lawyers have experience advising clients in legal compliance and operating in the following industries:

    franchise lawyers Melbourne legal services

    Are you thinking about expanding your business?

    Talk to us about franchising your business. Our franchise lawyers can assist with:

    Are you considering buying a franchise?

    If you are, you will be presented with a large amount of paperwork containing a series of complex legal agreements. You should always seek independent legal advice from franchising lawyers before signing on the dotted line.

    Our franchise lawyer can assist with:

    Reviewing, explaining (in plain English), and negotiating:

    • Franchise documents and licensing agreements
    • Disclosure documents
    • Business sale contracts
    • Commercial property and retail leases

    Undertaking due diligence

    Settling the sale of a business

    Assisting with migration or visa issues

    In each case, our franchise lawyers in Melbourne will break up the agreement and explain the key terms to you in clear and plain language so you understand the precise nature of the business relationship you are entering.

    franchise lawyers in Melbourne advise franchisees about brand and operating methods

    Are you in a franchising dispute?

    If you find yourself involved in a dispute, you need to resolve it as quickly and cost-effectively as possible. We are Melbourne franchise lawyers who have experience in dispute resolution as set out in the Franchising Code of Conduct. As skilled litigators, we are also well equipped to take any matter to court if necessary.

    Most importantly, we understand that being involved in a dispute doesn’t necessarily mean that you want to end the commercial relationship. While we will always act as your advocates, we also understand that it is important for us to handle any dispute both sensitively and diplomatically.

    If you need legal advice on franchise law or franchise disputes, please call us on +61 3 9052 3214 or email us at info@tnslawyers.com.au

    Check out the following links for more useful information on franchising issues:

    ACCC Franchise Code of Conduct

    Buying a Franchise

    Franchising Your Own Business

    Frequently asked questions about franchising

    A franchise is a sophisticated business model aligned with a distinctive brand or trademark. In this arrangement, the parent company (the franchisor) – such as McDonald’s, Subway, or 7-Eleven – grants an entrepreneur, corporation, or trust (the franchisee) the license to operate their own enterprise (the franchised business) under the franchisor’s established brand and operational system.

    This might include using proprietary recipes, marketing strategies, and management techniques. In return for access to this proven business framework, the franchisee typically pays an initial franchise fee and ongoing royalties or fees throughout the contract duration.

    In Australia, the franchise industry is regulated by the Franchising Code of Conduct (the Code), a mandatory set of rules enacted under the Competition and Consumer Act 2010. This comprehensive legislation, overseen by the Australian Competition and Consumer Commission (ACCC), governs all franchise operations within the country and provides crucial safeguards for franchisees.

    These protections may cover areas such as disclosure requirements, cooling-off periods, and dispute resolution procedures. Any business arrangement that meets the Code’s definition of a franchise – which could include traditional retail franchises, mobile franchises, or even some distribution agreements – must adhere to all stipulations outlined in the Code. It is the franchisor’s responsibility to ensure full compliance with these franchise law & regulations, failure of which could result in significant penalties imposed by the ACCC.

    A franchise agreement grants another party the right to operate a business supplying or distributing goods or services under predetermined franchise systems by the franchisor. It draws upon the intellectual property and know-how of the franchisor to run (usually) under its brand. The agreement typically includes information about the agreement’s duration, the obligations of each party, payable fees, etc.

    When starting a business, some important things you need to consider are the structure, legal documentation, and fees. Franchise relationships in Australia are regulated by the Code so we encourage getting advice from a franchise lawyer in Melbourne to ensure your and your franchise’s compliance from start to end.

    Yes, a franchise can be considered a small business depending on its structure, consolidated revenue, the value of the consolidated gross assets, and the company and entities it controls.

    According to the Australian Securities and Investments Commission (ASIC) and the Corporations Act 2001, a small business can be structured as a sole trade, company, joint venture, or partnership.

    The Australian franchising sector offers lucrative opportunities, but profitability hinges on multiple elements. Key factors include selecting the right franchise brand, securing an optimal location (e.g., bustling shopping centres or high-traffic suburban areas), aligning with market trends (for instance, the growing demand for health-focused or tech-oriented businesses), and ensuring the franchise model’s long-term viability.

    Equally crucial are the support systems provided by franchisors, which may include training programs, marketing assistance, and operational guidance. The franchisee’s own business skills, financial management abilities, and dedication to the venture play pivotal roles in achieving success.

    Australia’s franchise landscape is robust and varied, encompassing sectors from fast food (eg. McDonald’s, KFC) to retail (eg. Harvey Norman, Bakers Delight) and services (eg. Mortgage Choice, Poolwerx). While many franchise partners report strong profits and growth, prospective franchisees should exercise due diligence. This includes thoroughly researching the franchise’s track record, consulting with existing franchisees, and seeking advice from franchise lawyers in Melbourne and accountants before signing any agreements with the Franchise Council of Australia-registered brands.

    Why Choose TNS Lawyers

    We are rated 4.8 stars on Trustpilot and 5 stars on Google Business Profile.

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    We specialise

    We only do what we do best. We don’t dabble in areas that we don’t practice in every day. You can trust us when it comes to franchise law matters.

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    We care about results

    We are results-driven. People say you should focus on the journey but we disagree. We focus on the results we get for our clients.

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    We personalise

    Ever wonder what it’s like being able to “phone a friend” and that friend happens to be your franchise lawyer? We make sure you have a good experience with us every step of the way.

    Our Services

    We provide specialist legal services in a range of areas

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