Franchising

The Mills Oakley franchising team has advised a wide range of clients, from ‘start ups’ to some of Australia’s best known networks.

Advising successfully in this area of law requires a deep understanding of what is and is not ‘standard’ or ‘acceptable’ within the confines of a franchise agreement.

Our franchising lawyers include specific expertise in contract law, trade practices, intellectual property (including patent attorneys), commercial litigation, retail leasing, employment law and international trade and distribution. Our ability to bring together these skills enables us to advise on the establishment and maintenance of a franchised network.

In addition to senior lawyers with relevant expertise, we have a team of lawyers and law clerks that enables us to provide cost effective service, particularly in relation to outsourced contract management services.  We can provide an outsourced solution for the engrossing of standard franchise and lease documentation that is cost neutral to franchisors.

In many cases our clients are required to comply with the Franchising Code of Conduct as a result of the requirements of their intellectual property licences, distribution arrangements or terms of supply.  In some cases it is appropriate to restructure these arrangements to take them outside the operation of the Franchising Code of Conduct.  More often however, we find clients are embracing the protections afforded to them through the provision of disclosure documents and otherwise complying with the Franchising Code of Conduct.

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