Franchising is complicated. Tisher Liner FC Law have the experience to get it right for you the first time.

Franchising refers to the contractual relationship between the legal owner of a product, business or service and the person who wishes to sell the product or service. The agreement permits the franchisee use of a trademark controlled by the franchisor.

A licensing agreement is similar to franchising, with a lot more flexibility in marketing, operations or performance of the business or product in question. A franchisor is likely to be limited in certain ways as to how they can operate their business and may have KPIs to meet.

TLFC have experience acting for both franchisors and franchisees on a range of matters.

We have advised and acted on franchising and licensing matters including and not limited to:

  • 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.

 

If you have any questions for our Franchising and Licensing Lawyers, please feel free to call or contact any member of the expert team directly.

Our Experts

View All
Principal BEc, LLB, LLM

Michael Fetter

Highly respected in his fields, Michael Fetter is renowned for his sharp business mind and ability to cut through...
Principal BEc, LLB

Ron Cohen

Ron’s clients include large corporations and individuals that rely on him for all aspects of their legal...
Principal Accredited Property Law Specialist

Frank Tisher OAM

Frank specialises in drafting contractual documentation and in dealing with complex aspects of Property law including...
Principal LLB

Alan Goldstone OAM

Alan Goldstone practises predominantly in the commercial world and is a specialist in business sales and acquisitions,...
Principal Accredited Business Law Specialist

Phillip Leaman

Phillip Leaman knows that his clients want to get the deal done and start making money, and takes a strategic approach...
Associate BA(Global)(Hons), LLB

Natalie Chani

Natalie’s focus is to ensure that each client receives the best result by providing them with both strong legal,...
Lawyer Bachelor of Laws (Hons)

Julia Reid

Julia Reid is an assertive but friendly lawyer practicing in the areas of commercial, property and litigation law...
Lawyer LLB

Emma Spielvogel

Emma practices as a commercial and property lawyer Possessing a keen eye for detail, Emma always adopts a “take the...

Related Articles

View All
Business Law / Commercial Contracts & Agreements / Franchising & Licensing

Franchisors Beware – the ACCC means business!

The action taken by the ACCC against the franchisor related to acting in breach of good faith and making false or...
Read More
Business Law / Commercial Contracts & Agreements / Franchising & Licensing

Uncertainty: Does your franchise agreement have an enforceable option or an agreement to agree?

Kiraig concerned a master franchisee Its rights to renew for a further term were typical in the franchising space They...
Read More
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More
Franchising & Licensing / Hospitality, Gaming & Liquor Licensing

Competitions – Do I need a permit?

Depending on the nature and size of the competition will depend on whether or not you need a permit Each state in...
Read More
Business Law / Franchising & Licensing / Retail Clients & Chains

Changes to the Franchising Code of Conduct – Get Ready now.

In particular, Franchisors will need to review their current documentation and consider whether certain terms contained...
Read More