Franchise Agreements and Disputes
If you are looking at entering into a Franchise Agreement and would like further information, click here.
We act for both Franchisors and Franchisees.
We have represented several large Franchisor companies as well as Franchisees in Perth and Western Australia for the last 25 years in contract preparation, commercial litigation and franchise dispute matters. We have handled litigation in the Supreme, District and Magistrates Court in Western Australia and worked jointly with Eastern States Lawyers on a High Court appeal on a very high profile case.
We also regularly review Franchise Agreements and Disclosure Documents which have been given to potential franchisees by the Franchisor and give advice on the rights and obligations under the Franchise Agreement before it is signed.
It is important for a Franchisee to fully understand the risks and their obligations under a Franchise Agreement before they enter into a Franchise Agreement and to take advice from the best Franchise Lawyers in Perth. More information can be found here.
Our practice is located outside of the Perth CBD and because of this our hourly rates and fixed prices for commercial work and for litigation are 20% lower than the standard rates charged by most Perth law firms. Our rates are extremely competitive compared to the rates charged by other commercial law firms.
If you already have a signed Franchise Agreement, we can give you practical and commercial legal advice on the clauses of the Franchise Agreement.
Franchises are a special species of business, and both current and future franchisees, as well as franchisors, must heed the Franchising Code of conduct. Moreover, franchising agreements often contain terms that are not found in other business-related contracts.
As such, selling a franchise encounters additional considerations when compared to the sale of an ordinary business.
If a dispute has arisen - disputes between franchisees and franchisors including all disputes over franchise clauses and alleged breaches of the Franchising code of Conduct, we can give you legal advice on your rights and obligations under the Franchise Agreement and advice on the dispute resolution clauses.
If you have a franchise dispute the first step is for the concerned party to contact the other party. It is important to communicate the nature of the conflict, the desired outcome and what actions need to be taken to remedy the dispute.
If the dispute cannot be resolved within 21 days, a mediator may be appointed by either party. If both parties cannot agree on a mediator, they need to refer the matter to the Office of the Franchising Mediation Advisor (OFMA). The OFMA will appoint a mediator.
Mediation is about both parties genuinely working together to find a solution. For this reason, not attending mediation discussions will result in a serious penalty.
In the case that mediation fails to resolve the dispute, you are still able to take legal action against the franchisor or franchisee.
If you have a franchise dispute, please contact us to ensure that you are satisfying all of your obligations under the Franchising Code of Conduct.