Franchising is a complex area of law governed by the Franchising Code of Conduct (Code) that encompass many interconnecting legal matters including leasing, licensing, compliance with regulations and the Code, giving rise to complexities and pitfalls. Manookian Solicitors specializes in franchise development and are able to provide a wide range of legal services to franchisors and franchisees and have the industry connections to assist with franchise sales and marketing activities.
Our lawyers have the experience and expertise to advise in a variety of industries including working with retail, food, professional, trade and services organisations. We take a multidisciplinary approach to ensure that the appropriate talent and experience are applied at every stage of the client’s business. Our expertise extends to all property and commercial matters and lease negotiations associated with franchising; having acted for franchisors, franchisees, landlords and tenants in retail, commercial and industrial leasing including franchise documentation and transactional process development and management, to ensure that the client’s business needs are served professionally and cost effectively.
In everything we do, we adopt a pragmatic and commercial focus; we adopt the highest ethical standards; we aim to get the job done as soon as possible; and we are available when called upon.
Our expertise lies in dealing with the full range of legal challenges facing businesses operating in a franchise environment including, drafting and review of franchise and disclosure documentation and all other associated documents that form part of the franchise relationship; and franchise disputes and regulatory compliance.
We have strong affiliations with many industries to bring to you the most suitable experts to provide to you a comprehensive and timely advice to ensure you are able to operate your business and address all your legal and commercial requirements. We offer cost estimates in all matters at competitive hourly rates. Cost agreements are issued in all matters. We also offer fixed fee and retainer arrangements to suit your circumstances.
We make it our business to know what is happening in the franchise industry and are actively involved in professional bodies, committees and organisations within the industry. Our team is supported by other specialised practices including Property, Commercial, Intellectual Property, and Dispute Resolution.
Expertise:
1. Start-ups of franchise systems, including drafting and reviewing of Franchise Agreements and Disclosure Documents and associated documentation.
2. Negotiating Master Franchise Agreements for operations in Australia and overseas.
3. Sale and acquisition of Franchisor or Master Franchise systems including sale and acquisition and advice to Franchisees.
4. Disputes by Franchisors and Franchisees, from informal dispute resolution, to Code mediations through to fully litigated Court disputes.
5. Addressing legal compliance issues, including Code updating and relevant national and state-based laws impacting on a system.
6. Addressing Australian Consumer Laws advice and compliance strategies, audits and programs and ACCC enquiries and investigations and other regulatory investigations against Franchisors.
7. Distribution and licensing matters relating to the franchise system including supply relationships.
Contact Rostom Manookian on 0416 716 960 or email rostom@manookiansolicitors.com to discuss your franchising requirements and how we can assist you.
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