OverviewThe Hall & Wilcox Franchising, Retail & Distribution team have extensive experience in providing cost-effective and commercial advice on franchise strategy, structuring, feasibility, system design and development and disputes relating to franchise agreements.
Our practice provides clients with seamless advice on the front-end and back-end requirements of franchising.
Franchisors
- franchise strategy and network distribution options;
- franchise structures, including taxation and asset protection issues ;
- franchise agreements for industries;
- disclosure documents and advice on Franchising Code of Conduct compliance;
- disputes concerning disclosure, breaches, termination, leasing / licensing, intellectual property and obligations under the Competiton and Consumer Act and the Franchising Code of Conduct;
- intellectual property licensing, registration and protection; and
- master franchising issues.
Franchisees
- advice on franchise agreements;
- disputes relating to franchise agreements;
- multi-unit franchising; and
- sale and purchases of franchised businesses.
Competition & Consumer Law
- Competiton and Consumer Act (formerly Trade Practices Act) compliance programs and advice;
- ‘misleading’, ‘deceptive’ and ‘unconscionable conduct’ issues; and
- anti-competitive conduct and ACCC enforcement and disputes.
General
- leasing and property advice;
- general commercial advice, including business structures;
- taxation advice; and
- employment law advice and dispute resolution.
ExperienceExamples of our franchising, retail and distribution experience include:
- preparing franchise documentation on behalf of a national retail grocery franchisor;
- advising Boost Juice on franchising documentation and international expansion;
- acting for Telcoinabox (BRW's fastest growing franchise 2008) in setting up new franchise documentation, franchise structure and international expansion;
- advising Kieser Australia on its master franchise agreement with Kieser Switzerland and preparing documentation to ensure compliance with the Franchising Code of Conduct;
- acting for a major oil company in many franchise disputes in the Federal Court involving claims such as wrongful termination, misleading representations/breach of contract in relation to services, profitability, territory, advertising and outstanding payments and involving claims for relief such as damages for loss of profit and injunctive relief; and
- assisting Re-Creation Gyms with the review of its franchise model and updating its franchise documentation.
PeopleBen Hamilton
| Partner | | Competition & Consumer Law
Intellectual Property
Sports and Entertainment
Agribusiness
Franchising, Retail & Distribution
Sports and Entertainment
Technology
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Direct: +61 3 9603 3586 | ben.hamilton@hallandwilcox.com.au
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Sally Scott
| Partner | | Commercial Dispute Resolution
Competition & Consumer Law
Environment & Sustainability
Franchising Disputes
Taxation Litigation
Energy & Resources
Franchising, Retail & Distribution
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Direct: +61 3 9603 3557 | sally.scott@hallandwilcox.com.au
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