Franchise Advice and Franchise Disputes

Franchise Legal Advice on Agreements and Disputes

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.

Our rates and fixed prices are lower than the prices charged by many Perth Commercial law firms because we own our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.

Further information can be found here regarding our fixed fees.

We can act for parties in commercial and civil litigation on the basis of a fixed, affordable, fee paid monthly as opposed to charging an hourly rate.  If we are engaged on that basis you can pay a set fee, often at a discounted rate, in return for us remaining on the record as acting for you in the action for a fixed period.  During that fixed period we will represent you and deal with whatever matters arise in the litigation during that time, including all court appearances and drafting of all court documents.

For litigation, our lawyers and law clerks work closely with selected commercial barristers and we also we provide alternative fee structures including fixed fees paid by instalments.

If you already have a signed Franchise Agreement, we can give you practical and commercial legal advice on the clauses of the Franchise Agreement - click here.

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.

 

 

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