Franchise Disputes

As is the case with any business relationship, disagreements and disputes can sometimes arise, whether between a franchisor and franchisee, or with a third party.

The Franchising Code of Conduct (Code) contains mandatory procedures for the resolution of disputes between a franchisor and franchisee.

We have a robust dispute resolution team who can assist in all forms of franchise disputes as follows:

1. Where acting for franchisors:
   • issuing breach and/or termination notices to franchisees;
   • responding to investigations, infringement notices and/or proceedings instituted by the Australian Competition and Consumer Commission (ACCC);
   • enforcing protection of intellectual property, such as infringement of trade marks or confidential information.

2. Where acting for franchisees, responding to breach and/or termination notices received from the franchisor.
3. Acting for a franchisor or a franchisee from start to finish:
   • attempting to resolve a dispute through commercially-minded negotiations;
   • in a Code-initiated mediation process. This includes organising a mediation through the Australian Small Business and Family Enterprise Ombudsman (ASBFEO), selecting a mediator, briefing a mediator, attending the mediation, and drafting Deeds of Settlement to document agreed settlement terms;
   • in any mutually agreed arbitration process;
   • if a dispute becomes litigious and Court proceedings are initiated.

4. Where a dispute arises between a franchisor or a franchisee with an employee, supplier, landlord or any other party, assisting and acting accordingly to resolve the dispute.
5. Providing advice to franchisors or franchisees on the enforceability of restraint of trade clauses in Franchise Agreements.