Our franchise team:
• are reliable, easy to do business with, responsive and cost-conscious
• understands your needs
• has the relevant legal expertise
• will get you access to the right people
• is appreciative of your custom and care about you.

Franchising

Franchising Services

There are over 850 known franchise systems in Australia operating in 64,000 outlets and employing over 600,000 people.  Approximately 5,000 new franchise units are created each year.  Franchising accounts for somewhere between 10% and 12% of Australia's GDP.  There are three times the number of franchise systems per capita in Australia compared to USA.
 
MCW has a deep working knowledge of all areas of the law relevant to franchising, including:
 
• The Franchising Code of Conduct
• The Competition & Consumer Act (previously known as the Trade Practices Act)
• Competition Law
•  Intellectual Property Law
• General Commercial Law (ie. advice relating to the operation of a business    including leasing and taxation employment law and dispute resolution).
 
Read more about our services for franchisors and our services for franchisees.

 

Clients


The lawyers at MCW have worked with the full spectrum of franchising clients. As an indication of its client mix, our lawyers have provided franchising services in relation to:

Bakers Delight
Barnetts Couriers
Blockbuster Video
Boost Juice
Car Care NSW
Century 21
Civic Video
Expense Reduction Analysts
Exquisitos
Espresso Mobile Café

 

to name a few.

Forte School of Music
Gloria Jeans Coffees
Hire a Hubby
Howard's Storage World
L J Hooker
Littles Child Restraints
Michel's Patisserie
Mr Bean Coffee Vending
Mr Virtual Home
Noodle Box
Pack and Send Systems
Pizza Haven
Pizza Hut
Quiznos
Raine & Horne
Seven Eleven
Supanews
The Athlete's Foot
The Tap Doctor
Touch n Go
Worldwide Online Printing

 

 

For Franchisors

MCW has the experience to work with its franchising clients at all stages of the franchising "life cycle" from opportunity assessment to deal structuring, to post deal issue management.
 
When franchisor clients partner with MCW, they become part of an open and trusting relationship that delivers excellence.
 
MCW knows a "partnership" approach is critical and actively encourages:
 
• multi-level relationships between the firm and its clients - even our support staff    get involved by getting to know their counterparts and our clients;
• synchronisation of the firm's systems and processes with those of its clients;
• regular communication including matter status updates, legal news bulletins,    workshops and seminars.
 
The MCW structure offers franchisor clients cost effective rates with access to specialist franchising lawyers.
 
Ask for a copy of our "Franchising Snapshot" which details our services through the franchising life cycle and our approach to:
 
• drafting Franchise Agreements and Disclosure Documents
• registering, protecting and licensing intellectual property
• advising on financial business structures and operations
• mediation and dispute resolution
 
MCW is a proud member of the Franchise Council of Australia.

 

For Franchisees

We have reviewed and advised on most of the major franchise systems in Australia.

We act for clients on resales of franchise businesses.

We act for clients in the resolution of franchising disputes through the Office of Mediation Adviser and, where necessary, the Federal Court

Ten essential questions for a franchise buyer:

  1. Am I suited to a franchise system? Am I an independent person or a team player?  How will I cope with the risks and demands of being a business owner?
  2.  What kinds of information should I get from the franchisor for my assessment of the franchise business?
  3.  Am I permitted to speak to other franchisees before I buy?
  4. If, after reviewing the information, I do not want to go ahead with the purchase, can I withdraw?  If so, will I get back the money I have paid to the franchisor?
  5. Are there any requirements or qualifications that I need to meet before I can buy the franchise?
  6. Will the franchisor provide ongoing training and support?  Do I need to pay for this?
  7. Do I have to purchase all supplies from the franchisor?
  8. What if the franchise business does not do well?  Do I have the right to terminate the franchise agreement early?
  9. If I want to sell the franchise business, can the franchisor refuse to give consent?
  10. After the franchise agreement ends, can I still operate a similar business at the same premises using a different trade name?  Can I keep the employees that have worked for me?

 

Referral Base

We have an extensive network of franchising clients, consultants, accountants, recruitment consultants, lawyers, marketing distributors, planning and mapping consultants and other franchising professionals.


Our franchising lawyers continually keep up-to-date with the trends in franchising by being actively involved in the Franchise Council of Australia and franchising networks, writing legal papers and articles and presenting seminars and workshops.
 
They remain aware of emerging trends and issues in franchising.