Franchise Disputes

Franchising laws are different and unique

Franchising laws are different and unique, and therefore you must have a qualified and experienced franchise lawyer to resolve your dispute.

The dispute resolution process must be carried out having regard to the Franchising Code of Conduct and your franchise agreement. It is more involved than other litigation and business disputes therefore, it is crucial to have an experienced franchise lawyer act for you.

Whether you are a franchisee or a franchisor, we can assist. Our franchise dispute lawyers in Melbourne, Sydney and Brisbane have significant knowledge and expertise in this area to help you resolve your franchise dispute and enforce your rights.

Franchising and franchise disputes can touch on a broad range of legal topics, including:

  • compliance with the Franchising Code of Conduct
  • contract law
  • employment law
  • intellectual property law
  • Australian Consumer Law
  • ACCC investigations.

Considerations for Franchisees in a Franchise Dispute

It can often seem like a David and Goliath battle for franchisees, where the franchisor has greater power. We have helped many franchisees get their desired outcome in mediations and court-based litigation. If you have been accused of a breach or have been misled, or other issues with your franchisor we can help.

We take a considered approach from the outset, outlining the legal issues and quantifying the claim and loss to you. We also work quickly before the mediation stage to try and negotiate a resolution. We are mindful in business disputes that as a business owner you want to get back to running your business profitably and quickly.

For franchises it is important to understand their legal position before any mediation commences in a franchise dispute. Having a lawyer to help you get compensation, where appropriate, and remedies to prevent further loss to the franchisee is crucial. We assist with the negotiation phase initially, and also draft tight settlement agreements to ensure the parties are bound to any agreement made at mediation.

In many cases franchisors will have in-house legal counsel and it is important to not compromise your position and have a strategy to deal with the dispute.

Our franchise lawyers have helped many franchisees in Melbourne, Sydney and Brisbane with dispute resolution, mediation and litigation. We are well experienced to help you resolve your dispute and get back to your business quickly.

We have helped franchisees with claims for false and misleading conduct, breach of contract, leasing issues, renegotiate supply agreements and pricing and more.

Franchise Mediation

As mediation is an essential part of the dispute resolution process it is crucial for franchisees and franchisors to understand the process and their rights. Mediation is useful to resolve disputes, however you need to be prepared. Often franchisors have an unfair advantage, being more experience in these settings having attended mediations previously.

Both parties should have a clear and concise outline of the dispute. This will assist in getting a resolution sooner. It will also be a better outcome and, the resulting agreements can be appropriately drafted to bind the parties to the agreement.

Having legal representation that understands the law and the commercial consequences helps to properly represent your issues to the franchisee or franchisor. Being able to negotiate a fair commercial outcome for our clients is key. We understand not only the legal issues but the continuing commercial relationship between franchisees and franchisors, post mediation.

For disputes that don’t settle at mediation we are experienced in handling complex franchise disputes. Our lawyers provide high quality and professional legal advice and robust defence of our clients.

Considerations for Franchisors in Franchise Disputes

If you are a franchisor having to deal with a franchisee dispute it is best to get an outline of the best method before a dispute becomes litigious. Getting early advice can prevent disputes and breaches from being escalated and in the long run, help save you money.

Given the scrutiny that Franchisors have in the media, it is prudent that you consider the issues carefully, and have the right legal representation. For franchisors with in-house lawyers we can offer high level professional legal support in complex disputes and, of course, litigation.

Franchisors considering terminating a franchise agreement on the basis of the franchisee’s repudiation should seek legal advice from an experienced franchise dispute lawyer before doing so.

If the purported repudiation is later found not to have triggered a right to termination, the franchisor would then be found to have wrongfully terminated the contract, and find themselves owing damages to the franchisee.

It is important as a franchisor to understand your legal rights and responsibilities, particularly in this everchanging regulatory landscape.

Franchisors should also consider any potential for reputational damage when dealing with disputes. Having the right representation to help you deal effectively with your franchisees will help avoid any brand damage internally and externally of your franchise network.

Franchise laws are federal laws and thus apply Australia-wide. We can help you with any franchise matter wherever you are located. Our team not only handle franchise disputes, but can provide legal advice or prepare franchise documents for potential franchisees or franchisors.

Speak to a franchise expert about your dispute on 1300 907 335 or complete the enquiry form on this page.

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