Franchising involves a business owner (franchisor) granting to another person (franchisee) the right to carry on a business supplying goods or services under a specific system or marketing plan as created or controlled by the franchisor under their trademarked business name.
The Franchising Code of Conduct sets out a range of mandatory requirements in relation to the entering into of a franchise agreement, including the form and content of disclosure documents and mandatory clauses that must be included within the franchise agreement. The Code also provides protection for franchisees in relation to cooling off periods, the management of marketing funds and dispute resolution.
It is critical that franchisees assess the prospective franchise opportunity carefully before signing any franchise agreement, and in doing so should obtain comprehensive legal advice. A franchisee should be aware of the following:
- The background of the franchise, in particular unusually high turnover of ownership;
- The upfront fees and ongoing franchise fees, exit fees and royalties;
- The extent and duration of the use of intellectual property, copyrights, trademarks;
- Commercial leasing requirements, in particular the term and renewal options of such lease, which should ideally coincide with the franchise
Dwyer Durack have extensive experience in franchise law. We can assist with:
- Entering into a franchise agreement (drafting and reviewing);
- Assisting an existing franchisee or franchisor;
- Expanding your business into a franchise; or
- Franchise disputes.
Owning a franchise can be both profitable and rewarding, however properly planning the purchase with appropriate due diligence is critical to any success. If you have any franchising queries, please contact our Perth lawyers today.
Franchise Lawyers in Perth, WA: Contact Us Today
Commercial Law Team
LLB, Diploma in Modern Languages (German)
Head of Department - Commercial Law
Catherine joined Dwyer Durack's Commercial Law department in 2019.
With over 15 years experience in Commercial Law, Catherine’s focus is on contract law and property with an interest in agribusiness. Catherine has extensive experience in property and infrastructure developments and sale of business and property assets.
Catherine has been involved in drafting contracts for establishment of significant State assets and large property and rural agribusiness assets and also tourism business assets involving Crown land.
Catherine has a practical and business minded approach to commercial matters and in delivering timely advice to clients.
AREAS OF SPECIALTY
- Business Contracts
- Loan Contracts and financing arrangements
- Real property including subdivisions and amalgamations
- Crown land and leasing arrangements
- Planning law
EDUCATION / ADMISSIONS
- Bachelor of Laws, University of Western Australia 2002
- Diploma in Modern Language (German), University of Western Australia 2002
- Admitted Supreme Court of WA: 3 March 2004
Lawyer - General Litigation & Liquor Licensing
Emily first jointed Dwyer Durack in 2012 and began practicing in the Criminal Law, Restraining Order and Liquor Licensing areas in November 2017.
Emily practices in Criminal Law and Liquor Licensing, as well as in Employment and Restraining Order matters.
Emily has appeared in both metro and regional Magistrates Court on criminal and restraining order matters, as well as the Supreme Court and the Supreme Court of Appeal, Fair Work Commission and WAIRC. Emily has also represented clients at the Department of Racing Gaming and Liquor and the Liquor Commission.
AREAS OF SPECIALTY
- Criminal Law
- Liquor Licensing
- Commercial Litigation
- Litigation & Dispute Resolution
EDUCATION / ADMISSIONS
- Bachelor of Laws
- Graduate Diploma of Legal Practice
- Admission Date (Supreme Court of WA): 1 November 2017
- Admission (High Court of Australia): 15 October 2018
- Law Society of Western Australia
- Women Lawyers Association
- Criminal Lawyers Association of Western Australia
Marie Hall joined Dwyer Durack in March 2019 and provides both legal and administrative support to all Departments.
Marie has over 12 years experience in administrative roles including Local Government and accounts related roles, together with 6 years in the Legal industry, which has included Family Law, Commercial, Litigation, Property and Wills & Probate.