Franchising

Franchising

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Sustainable franchise models come from ensuring compliance while capturing opportunity.

Cowell Clarke works with franchisors across retail, cosmetics, beauty, real estate, pharmacy and personal and business services. We support clients to establish a franchise model for carrying on business and assist them to implement changes to that model and associated documentation to reflect amendments to franchise and other applicable laws.

Cowell Clarke’s team have intimate knowledge of the Franchising Code of Conduct. We keep up-to-date with changes to the Code and ensure that our franchisor clients are across the latest developments impacting their business.

Cowell Clarke has substantial experience in representing franchisors in disputes arising from issues such as abandonment of the franchise, non-compliance with agreements and operational requirements, and non-payment of fees. We can employ a range of different dispute resolution strategies from litigation to mediation conducted by our accredited mediator, Symoane Mercurio.

Expertise
  • Advice (including tax and corporate) on restructuring existing business models to franchise systems of operation in order to improve existing and/or future returns to the businesses

  • Preparation and advice in the establishment of new franchise systems including the full suite of necessary disclosure, franchise and associated documents

  • Review and audits of current franchise and associated documents to ensure compliance with the Franchising Code of Conduct and Consumer Law generally

  • Franchise dispute resolution through mediation and litigation

  • Ongoing advice (including compliance support) on methods of operation, disputes and changes in law

  • Advice to franchisor principals as to partnership/shareholding/buy-sell arrangements

  • Advice regarding employment law and work health and safety considerations for franchisors

  • Advice regarding leasing and licensing of franchised premises

Membership

Cowell Clarke are proud members of the Franchise Council of Australia.