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Franchise, Licensing and Retail Group


Franchise-Law

Our franchising team has over 30 years of experience in all matters related to Franchising, Licensing and Distribution.

We understand the industry from a franchisor and franchisee perspective and advise clients on all aspects of establishing a franchise system, both new and established. We also provide advice in relation to Master Franchise issues.

The firm regularly publishes articles online and in prominent journals and magazines.

The team has acted for a range of clients, including international clients, and has the expertise to provide services in other legal areas such as leasing, employment law, intellectual property, contract law and litigation.

We are happy to offer clients the option of time costed charging, or on the basis of a fixed fee.


Services we provide include

  • Ensuring franchise code compliance for existing franchisors;
  • Provision of a full suite of franchise agreements at a fixed fee for franchisors;
  • Sale and purchase of franchise systems and franchisee business;
  • Corporate consulting and strategic planning advice which includes tax considerations asset protection and estate planning;
  • Master Franchising, Area Development and License and Distribution models;
  • International expansion of franchise brands overseas;
  • Intellectual Property advice and support;
  • Alternate business models such as Branchising, Licensing, Distribution and Agency arrangements;
  • Regulatory compliance with the ACCC and consumer law advice;
  • Dispute resolution – Solutions and strategies, including mediation of disputes;
  • Assisting overseas companies to establish their business operations in Australia.

Some examples of relevant experience include:

  • Acting for overseas companies from Germany, France, Sri Lanka, Thailand, Greece, Hong Kong, New Zealand and the USA, to establish their business operations and franchise system;
  • Assisting multiple Franchisees in renegotiation of franchise agreements with their franchisor;
  • Acting for multiple franchisees in dispute with a Franchisor in Mediation;
  • Upgrade of Franchisor documents to comply with the Franchise Code 2015;
  • Advice to Franchisees for a fixed fee;
  • Third line forcing exemption from ACCC;
  • Litigation seeking an injunction to stop Franchisees debranding.

Memberships

Marsh & Maher is a member of:

  • the International Franchise Lawyers Association (“IFLA”) being a network of specialist franchise, licensing lawyers world wide. We can therefore refer Australian Franchisors to reputable and experienced advisors worldwide;
  • Franchise Council of Australia (“FCA”);
  • Franchise Association of Australia and New Zealand (“FANZ”);
  • US Commercial Service – assisting US companies to establish business in Australia;
  • Themislink European Lawyers network.

We also have a network of supporting consultants who are members of the FCA to assist our new franchisor clients to ensure the success of their franchise system, which includes accountants, feasibility and territory research and developing operations and franchisor manuals.


Specialised Lawyers:


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