Mason Sier Turnbull

Mason Sier Turnbull is one of Australia's leading franchising law firms with offices in Melbourne and Sydney and affiliations in New Zealand. Our franchise team is headed by Philip Colman, John Sier and Tony Garrisson and supported by a further 10 franchise lawyers and 6 support staff. Our franchise lawyers advise franchisors, franchisees, suppliers to the franchising sector and prospective franchisors and franchisees in relation to all aspects of franchising including:

Drafting and reviewing key franchise documents

Franchising Code compliance

Trade Practices compliance including dealing with ACCC

Strategic planning and advice (including asset protection)

Capital fundraising

Intellectual Property protection

Supply agreements

Joint ventures and contracting arrangements

Multi-tiered franchising options (including master franchising)

Retail leasing

Sales, purchases and restructuring of franchise systems

Sales and purchases of franchised businesses

Importing and exporting franchise systems to and from Australia

Information Technology agreements for franchisors

Negotiating and mediating disputes between franchisors and franchisees

Conducting litigation between franchisors and franchisees

Establishing franchise network common employment terms and conditions

Drafting and negotiating individual employment contracts

Resolving employment related disputes and advice in relation to occupational health and safety

We keep abreast of all global developments in franchising through a group of international affiliations and have attended and participated in international franchising conventions for over 10 years. John Sier was named in the International Who's Who of Franchise Lawyers 2008 (6th edition), which publication he has been mentioned in since 1997. Philip Colman has been involved in some of the leading litigation cases in Australia and Tony Garrisson was one of the few people in Australia consulted by the Government on the changes to the Franchising Code of Conduct. Together, John, Philip and Tony have over 60 years experience in the franchising industry.

Our clients include:

We also act for many new and emerging franchise systems and a multitude of business entrepreneurs who have invested in franchised business.

We have solid relationships with reputable and professional franchise consulting firms and accounting firms thus allowing us to confidently refer our clients for advice and services that are traditionally outside the ambit of services provided by law firms.
We further provide all the commercial advice including the drafting of shareholders agreements and partnership agreements and general corporate structuring advice.

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Mason Sier Turnbull franchise articles

Partnerships: How to protect yourself (30-Oct-2008)
...secured by Registered Mortgage Debentures to ensure priority over other unsecured creditors. Article courtesy of Mason Sier...
Top 20 Checklist (16-Oct-2008)
...and guarantor operating a similar business? (if so, for how long, within what area) Courtesy of Mason Sier...
Getting Ready for Hard Times (23-Sep-2008)
...Over recent times we have been flooded with stories of increased interest rates, increased costs and overheads and generally a reduction in consumer confidence in operating businesses in Australia.The franchise sector is not immune from such...
Good news for Franchisors (27-Aug-2008)
...The High Court has finally handed down its much anticipated decision in Master Education Services Pty Ltd v Ketchell. The Court unanimously decided that technical non compliance with the Franchising Code will not necessarily render a franchise...
A double edged sword (20-Jun-2008)
...written by Tony Garrisson, a Principal in the franchising and commercial division of legal advice franchise Mason Sier Turnbull.This article appears courtesy of Franchising...
Advice for potential franchisees - Mason Sier Turnbull (11-Jun-2008)
...facts not on emotion!This article was written by Tony Garrisson, a Principal in the Commercial division of Mason Sier Turnbull with assistance of Jane Garber, a lawyer in the Commercial division of Mason Sier Turnbull. Mason Sier Turnbull is...
Mason Sier Turnbull: Terms and Conditions - Are yours in Need of Reviewing? (16-May-2008)
...goods and services your business may supply. Contact Details The Corporate Advisory Team at Mason Sier Turnbull would be pleased to discuss any of the above issues or any other corporate issues with you. Do not hesitate to contact...
The sting in the tail (11-Jan-2008)
...better to be safe than sorry.This article was written byu Tony Garrison, a principal in the commercial division of Mason Sier Turnbull.This article appears courtesy of Franchising...
Fast forward thinking for future franchisees (5-Oct-2007)
...option to purchase, and their consent to the prospective purchaser. This article appears courtesy of Mason Sier...
Mason Sier Turnbull franchising Code update (3-Oct-2007)
...the precise terms of the amending Code and TPA have been released. This article appears courtesy of Mason Sier Turnbull, franchise...
Think before you sell (25-Sep-2007)
...possible and you stand a better chance of getting the price you want. This article appears courtesy of Mason Sier Turnbull. See the running a franchise and buying a franchise pages for additional...
Mason Sier Turnbull advice on closing the deal (24-Sep-2007)
...From the outset, binding franchise documents generally comprise of a disclosure document, a franchise agreement (also sometimes called a licence agreement) and, for franchises that operate from business premises, an occupancy licence agreement. It...
Understanding a franchise agreement (21-Sep-2007)
...agreement you should seek advice from a franchising lawyer before making any decisions. John Sier, principal, Mason Sier Turnbull explains what to expect.When you buy a franchise, you will no doubt have to sign a franchise agreement....
Mason Sier Turnbull: Understand a franchise agreement (20-Sep-2007)
...needs and desires as reflected in amendments to the Manual. This article appears courtesy of Mason Sier...
Mason Sier Turnbull's franchising advice (19-Sep-2007)
...Sier, principal, Mason Sier Turnbull, franchising lawyers, provides a crash course on the franchising industry. Franchising is often described as one of the most dynamic business sectors in the Australian economy. Since the early 70s it...
Mason Sier Turnbull: A fixed term franchise (15-Sep-2007)
...and restraints on conducting a like business for a period of time. This article appears courtesy of Mason Sier...
Mason Sier Turnbull's advice on starting a franchise (13-Sep-2007)
...If you’ve got a great product or a great idea and decide you should be franchising it, there’s a lot to be done before you set off down that path. The first step is to make sure that your proposed business activity lends itself to...
Mason Sier Turnbull franchise defines your franchise agreement (10-Sep-2007)
...formed under Australian State and Federal Cooperatives legislation. This article appears courtesy of Mason Sier Turnbull, franchise...
Mason Sier Turnbull discusses OH&S laws (10-Sep-2007)
...The introduction of a new Occupational Health and Safety Act in Victoria means that franchisors now risk being prosecuted for deaths and injuries which occur on premises operated by their franchisees. The new Act, which brings Victoria into line...
The realities of retail tenancy, according to Mason Sier Turnbull (9-Sep-2007)
...As many franchisors and franchisees have learned, shopping centre owners and their landlords rarely negotiate changes to the leases they offer prospective tenants. Because they have the upper hand, leases are usually offered on a 'take it or leave...
Firing in the new IR age (7-Sep-2007)
...The recent amendments to the Workplace Relations Act 1996, commonly known as WorkChoices, provide substantial and complex considerations for employers with respect to termination of employment. While retaining unlawful termination as an avenue of...
Mason Sier Turnbull franchise checklist (7-Sep-2007)
...Franchise Agreement? - Where is the dispute resolution to take place? This article appears courtesy of Mason Sier Turnbull, franchise...
Mason Sier Turnbull franchise helps to unravel the code (6-Sep-2007)
...Stricter disclosure requirements will be written into the Franchising Code of Conduct later this year in an effort to help prospective franchisees make more informed decisions before entering into franchise agreements. The changes follow the...
Buying a business vs buying a franchise (4-Sep-2007)
...a business or franchised business to save you further long term costs. This article appears courtesy of Mason Sier...
Mason Sier Turnbull franchise talks OHS (4-Sep-2007)
...The introduction of a new Occupational Health and Safety Act in Victoria means that franchisors now risk being prosecuted for deaths and injuries which occur on premises operated by their franchisees. The new Act, which brings Victoria into line...
Mason Sier Turnbull advises: Think before you sell (3-Sep-2007)
...possible and you stand a better chance of getting the price you want. This article appears courtesy of Mason Sier...
Mason Sier Turnbull's advice for franchisee's (31-Aug-2007)
...There are close to 54,000 franchised businesses in Australia and the number is growing almost daily. One reason for this growth is that more people are realising that becoming a franchisee can often be much cheaper and much less of a risk than...
What the Government rejected, according to Mason Sier Turnbull (31-Aug-2007)
...already carry an implied duty of good faith and fair dealing. This article appears courtesy of Mason Sier Turnbull, franchising...
Mason Sier Turnbull advises what to watch for (30-Aug-2007)
...that they deal with a franchisor that works with their franchisees. This article appears courtesy of Mason Sier...
Mason Sier Turnbull talks franchsing (29-Aug-2007)
...Franchising is often described as one of the most dynamic business sectors in the Australian economy. Since the early 70s it has accelerated its growth and now represents in excess of 12 per cent of the nation's gross domestic product (GDP)....
Mason Sier Turnbull discusses: To lease or not to lease (28-Aug-2007)
...so that the Franchisor does not fall foul of the Retail Legislation. This article was created by Mason Sier Turnbull, franchise...
Mason Sier Turnbull helps unravel the franchising code (28-Aug-2007)
...Stricter disclosure requirements will be written into the Franchising Code of Conduct later this year in an effort to help prospective franchisees make more informed decisions before entering into franchise agreements. The changes follow the...
Franchising Code Changes Announced (23-Aug-2007)
...This article was written by Tony Garrisson, a Principal in the Commercial division of Mason Sier Turnbull and Philip Colman, the head of Mason Sier Turnbull's franchising...
Tips and traps for tenants (21-Aug-2007)
...franchisee be permitted to relocate and if so where and at whose cost. This article appears courtesy of Mason Sier...
Mason Sier Turnbull advises: new record keeping obligations from 27 March 2007 (17-Aug-2007)
...termination was by consent, by notice or due to serious misconduct. This article appears courtesy of Mason Sier...
Mason Sier Turnbull deciphers the franchise territory (15-Aug-2007)
...It is common in franchising systems and agreements to see references to "territories". Sometimes prospective franchisees misunderstand the references to territories in a franchise agreement and the context in which these references are made. In...
Mason Sier Turnbull franchise overview (14-Aug-2007)
...Sier Turnbull is a progressive and practical law firm that has been specialising in franchising for over 25 years. It has a franchising team of 12 lawyers. They can assist companies who are contemplating franchising their business or...
Franchising - a buyer's market? (14-Aug-2007)
...entered a particular franchise - be prepared to follow their system. This article appears courtesy of Mason Sier...
Mason Sier Turnbull and the importance of franchise legal documents (29-May-2006)
...to Mason Sier Turnbull, from the outset, binding franchise documents generally comprise of a disclosure document, a franchise agreement (also sometimes called a licence agreement) and, for franchises that operate from business premises, an...
Mason Sier Turnbull and the massive growth of franchising (24-May-2006)
...to Mason Sier Turnbull, there are close to 54,000 franchised businesses in Australia and the number is growing almost daily.One reason for this growth is that more people are realising that becoming a franchisee can often be much cheaper and much...
Mason Sier Turnbull on franchises registering trademarks (23-May-2006)
...to Mason Sier Turnbull, Franchisors that have built strong brands and successfully differentiated themselves from their competitors usually understand the role that colour can play in achieving marketplace visibility and customer recognition....
Mason Sier Turnbull and how leases can impact on franchises (23-May-2006)
...is dangerously misplaced, according to Melbourne property lawyer Mark Kemp. Kemp, a senior associate with law firm Mason Sier Turnbull, says such documentation contains numerous deficiencies, particularly in relation to outgoings, car parking,...
Mason Sier Turnbull on franchises and inspections (16-May-2006)
...to Mason Sier Turnbull, the Federal Court has ruled that although franchisors and their managers are entitled to audit and inspect their franchisees’ operations, franchise agreements contain an implied term which requires them to act in good faith...
Mason Sier Turnbull and “floating” franchises (15-May-2006)
...to Mason Sier Turnbull, many franchise owners with retirement or ‘seachanges’ in mind commonly assume that they have only two options - to hand over the reins to their children or other family members, or put their enterprises up for sale....

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