Legal Risk Management

We understand that making a change, means taking a risk. Whether moving from a manual process or replacing a system, your concerns are ours. You can trust Auslaw Partners to know the stakes and strive to define the right journey for your firm.

We can assist by advising you of the risks of entering into a franchise agreement so that you make an informed decision to purchase a franchise.

Our priority at Auslaw Partners when providing franchise legal advice to clients who are seriously considering a franchised business purchase. It is imperative that people entering into franchisee agreements are aware of specific risks that should be taken into account before the agreement is signed and the client makes a significant financial and life changing investment.

If you are considering becoming a franchisee you are prepared to accept the risk of owning and operating your own business. You have also decided, or are considering, that the franchise model is suitable for you as a means of owning and operating a business. Speak to our experienced lawyers before taking these steps.

Auslaw Partners has been definitely a great help to make compliance simple. Our new online platform allows our clients to view all subscribed products in one place, and access additional resources such as tailored quarterly summaries and Excel topic and legislation exports. Clients can also upgrade to Comply Online Premium which provides full reporting functionality. Subscribers can effortlessly produce both detailed and high-level reports showing their organisation’s overall level of compliance, all in the one system.

We can assist you to undertake compliance audits, policy gap analyses, policy review and development, training, compliance risk assessments and risk ratings.

The main franchising services provided by our firm in relation to business law include:

• • franchise agreements and disclosure documents
  • sales and purchases of franchise businesses
  • property advice and lease documents, including retail shop leases
  • mediation and dispute resolution
  • commercial advice on, and preparation of, business contracts such as terms of trade and supply agreements
  • tax, duty and GST
  • intellectual property advice and protection strategies
  • workplace relations and safety
  • compliance including competition and consumer and workplace health and safety compliance
  • structuring including asset protection, entity establishment and business succession.

Our experts ensure our clients’ franchising systems comply with the Franchising Code of Conduct, Competition and Consumer Act 2010, employment and property laws and food and advertising standards. We help protect our clients’ brands and systems and assist our clients to enforce brand standards – including trademark and intellectual property protection.

We assist both franchisors and franchisees with advice in managing their other franchising business relationships, including transactions with landlords, suppliers, creditors and banks and in dealing with non-franchise arrangements – such as licensing and distribution networks.

We act on the purchase and sale of franchised and retail businesses, both large and small, and can assist in managing relationships with franchisees. Our team offers commercial advice, mediation and dispute resolution, and when required, deals with franchisee defaults and terminations.

We advise tenants in lease negotiations and prepare and review leases for major commercial buildings, shopping centres and other locations.

We also actively participate in policy, legal and industry forums across the retail and franchise sectors.  And we are renowned for our personal and friendly service, responsiveness and value for money.

Our team provides assistance on below:

• • Acting for retailers, franchisors and franchisees (including master and multi-unit) with respect to negotiating contract terms to maximum advantage; setting up systems and procedures for efficient processing and management of leases, franchises and contracts; and managing disputes;
  • Retail and commercial lease negotiation, documentation and disputes (including mediation);
  • Purchases and sales of retail, wholesale and manufacturing businesses;
  • Finance and loan documentation;
  • Drafting documentation for master franchises and non-franchise distribution structures.
  • Establishing and advising on risk management strategies and Franchising Code compliance;
  • Disputes and mediations including breach and termination procedures, competition and pricing issues, ACCC investigations and media relations;
  • International expansions for Australian companies, including Asia, Europe, Middle East, USA and New Zealand, and Australian expansions for foreign entities;
  • Brand protection strategies, including protection and enforcement of trade marks, copyright and other intellectual property advice;
  • Advertising and marketing issues and materials, including sponsorship agreements, social media and trade promotion terms and conditions;
  • Supplier contracts including logistics and supply chain and distribution issues, including international; and
  • Dealing with product recall process for retail products and dealing with overseas manufacturers and importers including for breach of Australian safety standards or recall of products for infringement of intellectual property rights.

In order to take full advantage of the potential that franchising offers, a carefully planned approach is required. Auslaw Partners offers high-level strategic advice to new franchisors as well as ongoing support to franchise clients that are considering an expansion into new markets. Determining the best financial model is crucial. Our expertise based on working with more than 100 different franchise systems in over 50 countries will help you devise the structure that works best for your business.

Auslaw Partners’ regulatory team can assist SMEs and corporates with all aspects of regulatory compliance. Our specialist lawyers have deep knowledge of industry regulations in Australia. We operate on a fixed-fee model as it provides you with certainty and transparency for your legal fees.

We can assist with:

• • Regulatory and compliance advice
  • Disputes involving the Australian Consumer Law (ACL)
  • Regulator engagement
  • Ongoing compliance systems and training
  • Competition and trade practices (including trade promotions)

We have experience in:

• • Assessing and advising organisations on regulatory compliance obligations in respect of Privacy, Data Management, Consumer and Competition laws, Franchising, Employment, Intellectual Property, Advertising and Marketing including promotional games, competitions and Music Licensing.
  • Developing Regulatory compliance frameworks and assessing and prioritising risk;
  • Managing the strategy and response to ACCC investigations into allegations of non-compliance with the Competition and Consumer Act 2010;
  • Managing the strategy and response to investigations by the Office of Australian Information Commissioner into allegations and complaints of non-compliance with the Privacy Act 1988; and
  • Responding to Small Business Commission investigations regarding complaints concerning allegation of non-compliance with unfair contract term legislation.

Disclaimer: the materials presented on this website are distributed by Auslaw Partners as an information source only. Auslaw Partners make no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information contained in this publication. Despite our best efforts, Auslaw Partners makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Auslaw Partners disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.