Franchising & Licensing
Franchising is complicated. Tisher Liner FC Law have the experience to get it right for you the first time. We have acted for franchisors in establishing and maintaining franchises as well as for franchisees.
We have advised and acted on a range of franchising and licensing matters including:
- Business and franchise structuring;
- Franchise Code of Conduct compliance;
- Employment issues and contractor arrangements;
- Regulatory and licensing issues;
- Leasing (prepare and review leases, licences, transfers, assignments and agreements for leases);
- Retail lease disputes;
- Supplier terms and conditions;
- Privacy policies and Spam Act compliance;
- Distribution agreements;
- Trade mark and intellectual property licensing;
- Product licensing arrangements;
- Service agreements;
- Referral agreements;
- Sale and purchase of businesses and assets (including franchises);
- Personal Property Securities Act advice; and
- Third line forcing and exclusive dealing issues.
Tisher Liner FC law have experience in franchise disputes including injunction proceedings in the Supreme Court of Victoria and proceedings in the Federal Court of Australia.
We can also assist the Franchisor:
- Understand and comply with their responsibilities and obligations under the Franchising Code of Conduct and the Competition and Consumer Act 2010;
- Understand the minimum business conduct and disclosure requirements under the code;
- Understand how to resolve disputes under the code; and
- Establish a framework for an effective compliance program.
Uncertainty: Does your franchise agreement have an enforceable option or an agreement to agree?
By Megan Sanders
9 October 2018