Franchising

DLA Phillips Fox has been at the forefront of the growth in business by systems such as franchising, distribution, and agency and dealer networks in Australia and New Zealand.

We've assisted many clients grow from small enterprises to national and international business systems. Our lawyers also assist international clients adapt to the local legislative, business and cultural differences when entering the Australasian market.

There are more than 800 franchise systems across Australia and New Zealand and the success of the franchise business model, in particular, has led to increased attention from the Australian Competition and Consumer Commission (ACCC). We work with franchise clients locally and overseas to ensure compliance with the Franchising Code of Conduct (FCC).

We deliver:

• Worldwide experience – DLA Phillips Fox has assisted many well-known global companies with their entry into the Australian and New Zealand markets and with exporting home-grown business systems to Asia, Canada, Europe, South America, South Africa, the UK, and the US. We bring an international perspective through our global alliance with DLA Piper whose lawyers are involved in franchising around the world.
• Leading edge capability – our lawyers understand the legal and commercial issues involved in rapid growth. For example, we helped a local franchise build a global network of over 1800 stores across Australasia, Europe, Asia, the Middle East and the US. We also assisted a local franchise acquire European rights in a number of countries, as well as develop pilot stores into multiple outlets.
• A full range of legal advice – we offer assistance in everything from legal compliance and document drafting to working within industry codes and mediation, as well as making submissions before federal government inquiries.

We advise on:

• Appropriate business structures such as franchise, distribution and agency and dealer networks.
• Legal mechanisms to protect assets such as the agency, distribution structure, franchise system, the network, the brands and intellectual property including trade marks.
• Negotiating and dealing with Trade Practices Act, Franchising Code of Conduct, Australian Securities and Investment Commission and the ACCC in relation to compliance regulatory requirements.
• Compliance with the Fair Trading Act, Commerce Act and regulatory oversight of the Commerce Commission within New Zealand.
• Dispute resolution including negotiation and mediation alternatives to Court including those under the Franchising Code of Conduct.
• Commercial resolutions regarding agency and franchise relationship issues.
• Property, leasing and insurance issues.
• Methodologies for system expansion including capital/equity raising and IPOs, assisting in offshore expansion and master international appointments
• Making submissions to federal government inquiries and industry conferences about the law relevant to franchising and trade practices.