Franchise Disputes2024-10-14T13:32:39+00:00

fRANCHISE DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

franchise Disputes

Franchise disputes can arise from disagreements between franchisors and franchisees, impacting various facets of the franchise relationship and threatening business success. These conflicts may involve issues related to contractual obligations, operational standards, or brand usage, and can significantly affect the smooth operation of your business. Seeking experienced legal representation is crucial to navigate these complexities effectively and protect your interests.

At Axia Litigation Lawyers, we specialise in efficiently resolving franchise disputes while minimising disruption to your business. Our expert team, well-versed in franchise law and the Franchising Code of Conduct, provides strategic solutions tailored to your needs. Whether through negotiation, mediation, or litigation, we are dedicated to achieving favourable outcomes that safeguard your rights and support your business’s continued growth.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

franchise Disputes

Franchise disputes can arise from disagreements between franchisors and franchisees, impacting various facets of the franchise relationship and threatening business success. These conflicts may involve issues related to contractual obligations, operational standards, or brand usage, and can significantly affect the smooth operation of your business. Seeking experienced legal representation is crucial to navigate these complexities effectively and protect your interests.

At Axia Litigation Lawyers, we specialise in efficiently resolving franchise disputes while minimising disruption to your business. Our expert team, well-versed in franchise law and the Franchising Code of Conduct, provides strategic solutions tailored to your needs. Whether through negotiation, mediation, or litigation, we are dedicated to achieving favourable outcomes that safeguard your rights and support your business’s continued growth.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Expert Legal Support

Resolving franchise disputes with precision and care.

Protect Your Rights

Ensuring your franchise agreement is upheld.

Franchise Conflict Resolution

Navigating disputes between franchisors and franchisees.

Contract Dispute Experts

Defending your business in contract disagreements.

Every – Move – Matters

how Axia Can Help With Your Franchise Dispute.

At Axia Litigation Lawyers, we understand the financial risks of franchise disputes. When your business interests are at stake, our experienced legal team is ready to protect your investment. We provide comprehensive legal services, from detailed contractual analysis to effective dispute resolution.

We act swiftly and strategically, using negotiation to resolve conflicts and, if needed, pursuing legal action to enforce your rights. Our goal is to achieve resolutions that align with your commercial objectives. Here’s how we can assist:

We begin with a detailed consultation to understand the specific circumstances of your franchise dispute, including the history of the relationship, the nature of the disagreement, and your objectives.

Our team will conduct a thorough review of the franchise agreement, disclosure documents, and any other relevant contracts or correspondence, to ascertain your legal position and identify any breaches or liabilities.

We offer strategic legal advice grounded in a detailed analysis of your specific franchise dispute situation. Our team will outline the various options available to you and the potential outcomes of each course of action. This allows you to make informed decisions that are in the best interest of your franchise and your commercial goals.

In line with the Franchise Code of Conduct, which mandates a conciliatory approach to disputes, we will pursue negotiation, mediation, or other alternative dispute resolution methods as a first resort, aiming to resolve the matter efficiently and cost-effectively.

Should alternative dispute resolution methods fail to yield a satisfactory resolution in your franchise dispute, we will advocate zealously on your behalf in the courtroom. Our representation is comprehensive, covering every phase of the litigation process — from the meticulous preparation and filing of initial pleadings to assertive representation at hearings.

Our representation is geared towards protecting your commercial interests, seeking remedies such as damages, specific performance, or injunctive relief where appropriate.

Moving forward, we can also provide advice on risk management to prevent future disputes and to safeguard the ongoing viability of your franchise.
  • Franchise Lawyer Consultation

  • Franchise Contract Review

  • Strategic Advice
  • Dispute Resolution
  • Advocacy and Representation
  • Projection of Interest
  • Risk Management
Franchise Lawyer Consultation
We begin with a detailed consultation to understand the specific circumstances of your franchise dispute, including the history of the relationship, the nature of the disagreement, and your objectives.
Franchise Contract Review
Our team will conduct a thorough review of the franchise agreement, disclosure documents, and any other relevant contracts or correspondence, to ascertain your legal position and identify any breaches or liabilities.
Strategic Advice
We offer strategic legal advice grounded in a detailed analysis of your specific franchise dispute situation. Our team will outline the various options available to you and the potential outcomes of each course of action. This allows you to make informed decisions that are in the best interest of your franchise and your commercial goals.
Dispute Resolution
In line with the Franchise Code of Conduct, which mandates a conciliatory approach to disputes, we will pursue negotiation, mediation, or other alternative dispute resolution methods as a first resort, aiming to resolve the matter efficiently and cost-effectively..
Advocacy and Representation
Should alternative dispute resolution methods fail to yield a satisfactory resolution in your franchise dispute, we will advocate zealously on your behalf in the courtroom. Our representation is comprehensive, covering every phase of the litigation process — from the meticulous preparation and filing of initial pleadings to assertive representation at hearings.
Protection of Interests
Our representation is geared towards protecting your commercial interests, seeking remedies such as damages, specific performance, or injunctive relief where appropriate.
Risk Management
Moving forward, we can also provide advice on risk management to prevent future disputes and to safeguard the ongoing viability of your franchise.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

What is the franchise code of conduct?

The Franchise Code of Conduct outlines the responsibilities and requirements for franchisors in the context of providing information to potential and current franchisees. It is comprised of compilation of regulations related to the franchising industry, specifically referencing the Competition and Consumer (Industry Codes—Franchising) Regulation 2014. Some key points covered in the code are:

The franchisor is required to maintain an up-to-date disclosure document that complies with the prescribed form and order, uses the specified headings and numbering, and includes any additional information if applicable.

The franchisor must provide the prospective franchisee with the disclosure document and other relevant documents at least 14 days before entering into a franchise agreement or before the prospective franchisee makes a non-refundable payment.

The franchisor must summarize the relevant business experience of each officer and of the franchisor itself for the past 10 years, including experience working in the franchise system and operating a business that is substantially the same as the franchise.

When providing information that is confidential, the franchisor must give a general description of the subject matter and a summary of conditions for use by the franchisee, ensuring compliance with the confidentiality requirements.

The franchisor must disclose whether the franchise is for an exclusive or non-exclusive territory, or if it is limited to a particular site, and must also provide details on the territory of the franchise.

For franchises with more than 50 units, the franchisor can provide details for all franchisees in the relevant State, Territory, region, or metropolitan area. They must also disclose the number of franchised businesses that have experienced certain events, such as transfers, over the last 3 financial years.

If a franchisee leases premises from the franchisor or an associate of the franchisor for the franchised business, the franchisor or associate must provide a copy of the lease or evidence that the franchisee has the right to occupy the premises.

The franchisor is obligated to provide current material information to the franchisee that is necessary for the operation of the franchised business, including financial and operational data.

The franchisor must inform the franchisee if they may own or operate a similar business outside the franchise territory, the conditions under which the franchisor may change the franchise territory or site, and any associated terms.

The franchisor can charge the franchisee for reasonable expenses, provided that the expenses or their calculation method have been clearly set out in the franchise agreement.

Please note that this is not a comprehensive list of all Franchisors and Franchisee responsibilities; franchise agreements often contain many additional obligations and terms specific to the individual franchise situation. It is important for both parties to thoroughly understand all their responsibilities as outlined in the full disclosure document and the franchise agreement.

Frequently Asked Questions About Franchise Disputes

A franchise dispute arises when there is a disagreement between the franchisor (the owner of the franchise system) and the franchisee (the individual or entity licensed to operate under the brand) concerning the performance, interpretation, or application of the franchise agreement or related documents.

Common causes include alleged breaches of the franchise agreement, misrepresentation, disputes over territory rights, non-compliance with system standards, issues with fees or royalties, renewal conflicts, and the exercise of termination rights.

Yes, under the Franchising Code of Conduct, parties to a franchise dispute are required to attempt to resolve the dispute via mediation before commencing legal proceedings.
Parties are strongly advised to have legal representation during the mediation process. A franchise dispute lawyer can provide crucial advice on the legal aspects of the dispute, assist in preparing for the mediation, and advocate on behalf of their client during the mediation sessions.

The ACCC oversees compliance with the Franchising Code of Conduct and can provide information and guidance on rights and obligations. It may also take enforcement action in cases of serious breaches of the Code or Australian Consumer Law.

A franchisee can terminate a franchise agreement under certain conditions specified within the agreement itself, and in accordance with the terms of the Franchising Code of Conduct. Legal advice should be sought to navigate this process correctly.

Unlawful termination of a franchise agreement can lead to significant legal and financial repercussions, including potential claims for damages, specific performance, or injunctive relief.

You should seek immediate legal advice to understand your rights and obligations, and to formulate an appropriate response. Timely legal intervention can be critical in these situations.

The franchise agreement is the foundational document that dictates the relationship between the franchisor and franchisee. It is crucial in determining the rights, obligations, and processes for resolving disputes between the parties.

Non-compete clauses and restraint of trade provisions are enforceable if they are reasonable in scope, duration, and geographic area. However, their enforceability can be challenged if deemed to be overly restrictive or contrary to public policy.

Australian Consumer Law provides protections against unfair contract terms, unconscionable conduct, and misleading or deceptive conduct, which can all be relevant in the context of franchise disputes.

Please note that the information provided in these FAQs is general in nature and is not intended as legal advice. For specific legal advice related to your franchise dispute, we recommend consulting with one of our qualified legal professionals.

Every – Move – Matters

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Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

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