Franchising Law Specialists
Whether you’re launching a new franchise or managing an established network, we provide expert legal advice based on your unique needs.
Readily Accessible
With our office conveniently located in Sydney, we are always ready to assist. When you need trusted legal guidance, our team provides decisive, practical solutions for your specific needs.
Bespoke Legal Solutions
We don’t force you to conform to pre-set frameworks or cookie-cutter solutions. We invest the time to understand your goals and deliver outcomes that elevate your business to the next level.
Here to help
As a franchisor, making sure your franchise agreements are legally sound and protect your brand is essential to the success of your business. For franchisees, working your way through the intricacies of franchise agreements and understanding your rights and obligations is important to building a strong foundation for your operations.
At Kells, our franchise lawyers in Sydney have extensive experience representing both franchisors and franchisees. With a deep understanding of all aspects of franchising law, we provide expert guidance and support to help you manage the legal intricacies of franchising. From drafting agreements to resolving disputes, our team is here to support your business at every stage.
How Can Our Franchise Lawyers in Sydney Help?
Franchising in Australia is regulated by the Franchising Code of Conduct and monitored by the ACCC, making it essential to engage a solicitor with a deep understanding of the rules and challenges of operating a franchised business.
At Kells, our franchise lawyers in Sydney provide expert legal advice to both franchisors and franchisees, helping you through the intricacies of franchise law with confidence.
Franchising typically involves the franchisor granting the franchisee the right to operate an established business system under their control, often associated with a recognised trademark or brand symbol, in exchange for an initial fee. The franchisor generally offers ongoing guidance, systems, and support throughout the term of the agreement, while the franchisee pays periodic fees for the continued use of the franchise system.
Whether you are a franchisor looking to protect your brand and ensure compliance or a franchisee entering into a franchise agreement, you must have any legal documents such as the franchise agreement and disclosure documents reviewed by an experienced franchise lawyer.
The extensive experience of our Sydney franchise lawyers in advising both franchisors and franchisees ensures you benefit from insights on both sides of the franchise relationship. Rest assured we are here to guide you through every stage and provide you with practical solutions based on your specific needs.
Our franchise lawyers in Sydney have a wide breadth of experience assisting franchisors in preparing comprehensive sets of franchise disclosure documents and franchise agreements tailored to various industries, including real estate, retail, food and beverage supply, and goods rental.
We provide ongoing support as new franchisees join your network or when legislative changes impact the terms or disclosure obligations, ensuring your documentation remains compliant and up-to-date.
Often, issues will arise in the course of the franchise relationship, and we can assist franchisors with:
- Enforcing breaches of the franchise agreement by the franchisee, including acting in court proceedings
- Assisting with dispute resolution and mediation to resolve disputes between the parties
- Defending claims of unconscionable conduct or other breaches of the Franchising Code of Conduct
- Dealing with requests for assignment by the franchisee and documenting the assignment
- Advising on rights following termination.
Buying a franchise is a unique process that differs significantly from purchasing a conventional business. When you invest in a franchise, you enter a long-term agreement with a franchisor to operate a pre-established business model.
Unlike owning a traditional business, purchasing a franchise grants you the rights to use the franchisor’s system, but with limited control over how the business is run or sold in the future. Additionally, at the end of the franchise term, you may not retain ownership of the business.
This makes it important to fully understand the terms of the franchise agreement, including your rights and obligations. Our Sydney franchise lawyers can assist franchisees in reviewing and negotiating the terms of the franchise agreement, as well as addressing other legal aspects of the purchase, such as business structuring and finance. With our guidance, you can move forward with confidence in your franchise investment.
Area of Expertise
Buying a Business
Company Matters & Corporate Governance
Contracts & Other Business Documents
Debt Recovery
Employment
Franchising
Leasing
Liquor Licensing
Not-for-Profit & Charity Law
Privacy & Data Security
Selling a Business
Shareholder & Partnership Advice
Sports Law
Trademarks & Intellectual Property Law
Speak to a Commercial Lawyer
Our team is here to provide clear, practical advice to help you make confident business decisions.