At PCL Lawyers, we understand the complexities involved in franchise disputes and are well-equipped to handle the variety of issues which can arise during the life of a franchise.

It is important to obtain legal advice in any franchising dispute because the Franchising Code of Conduct and Rules contain a dispute resolution framework which ensures disputes are resolved quickly and cheaply.

Our franchise lawyers are knowledgeable in the Franchising Code of Conduct and have extensive experience in handling disputes for both franchisors and individual franchisees.

The Right Advice for Your Franchise Dispute

Our Franchise Dispute Lawyers can quickly determine the limitations and responsibilities of each party, identify where they may have acted unlawfully and give commercial advice about what remedies may be available to you. Franchise law can be highly technical and it is best to seek the advice of lawyers who have a combination of legal knowledge and commercial expertise. Obtaining the right advice will help you reach a resolution faster.

Our lawyers have a comprehensive understanding of the commercial aspects of franchises including operations, supply agreements, employment law and consumer law.

We offer end-to-end legal advice from entering franchise agreements and associated agreements, resolving disputes and terminating or ending a franchise.

Franchise disputes should be dealt with cautiously in order to maintain the ongoing relationship between the franchisor and franchisee. In most cases, a commercial partnership is ongoing despite the dispute. Therefore, it is essential to deal with the dispute in a commercial manner, and with the benefit of legal advice.

The four stages of a franchise dispute

Stage 1 – Initial dispute

When a dispute arises, it will usually be dealt with informally during a conversation between the franchisor and franchisee. Even at this early stage, legal advice can help you to deal with the initial matters in conflict and arrive at a strategy if the dispute is ongoing.

Franchisors may at times overlook the need for early advice, relying on their existing knowledge of the Franchise Agreement. Our lawyers can assist you to avoid escalating the matter by setting out your rights against the franchisee and communicate with the franchisee on your behalf. Similarly, franchisees should obtain early advice to understand their position.

Stage 2 – Notice of dispute

If a franchisor and franchisee cannot reach an agreement through informal conversations, one party will issue a Notice of Dispute. This notice outlines the specific issue at hand and the necessary steps that party requires to reach a resolution. As this notice may be the starting point for any formal proceedings, it is important that its content is carefully considered.

Stage 3 – Response to notice/mediation

Once a part has received a Notice of Dispute from the aggrieved party, they have the chance to respond in writing to the matters set out in the notice. This will be followed by a mandatory mediation, as required by the Code.

Mediation presents an opportunity for franchise disputes to be resolved without the time and cost of litigation. A qualified mediator, who is a neutral third party, will guide both parties toward a mutually agreeable resolution, often resulting in a binding settlement deed on the same day.

Having a lawyer present at the mediation will ensure that any settlement agreement is watertight and enforceable, while also avoiding unintended consequences or accidental concessions.

Stage 4 – Litigation

If the disagreement is not settled through mediation, litigation may become necessary.

Our franchise lawyers are particularly experienced in litigation stemming from franchise disputes, as both plaintiff (the party making the claim) or the defendant (the party the claim is made against). At PCL Lawyers, our team will advocate for your rights and ensure you receive the representation and advice which suits your business.

Contact us

If you need assistance with a dispute, early advice is always recommended. Speak to one of our team today to see how we can assist you.

Get in touch with a franchise dispute lawyer for a discreet conversation about your matter by calling us on 1300 907 335 or submitting and online inquiry form

Client Testimonials What Some of Our Clients Say..

I appreciate your time and effort and thank you for your prompt response and professionalism. I would not hesitate to use your services again and refer PCL Lawyers to others.

Lisa G/Bentleigh

Thank you so much for your assistance. Should I ever have the chance to recommend you I will do so.

Morgan S / Melbourne

Out of speaking to two other lawyers you were the only one to give me any genuine advice.

Tiffany J / Melbourne

If I had of gone to another law firm that was cheaper I may have saved many thousands of dollars but as it turns out I may have lost a lot more than that upon settlement. Using a firm such as PCL lawyers I had the peace of mind that each issue as it arose was dealt with in a very matter of fact way and to the letter of the law.

Brett Wilson / Glen Waverley

PCL did a great job in advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service

Branden L / Melbourne

Excellent Service. PCL Lawyers did a great job advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service.

Branden L / Ravenhall

Emma and the team from PCL were nothing short of astounding whilst dealing with an unprecedented situation. The ability shown to combat opposing lawyers and still provide sound legal advice well within the interests of their client was exceptional. Will be recommending and using again.

Tom G

Speak to Our Business Lawyers Obligation-free