Dibbs Abbott Stillman’s long term commitment to franchising

Franchising is a long term commitment. It is fundamental to their success that both parties are satisfied that the arrangements will deliver benefits. So creativity and common sense are required.

Dibbs Abbott Stillman works with you to understand the individual qualities of your business. When drafting agreements, we take into consideration the perspectives of both parties to cover a wide range of issues from intellectual property concerns to clear performance standards. However, no matter how complicated the subject matter, we use clear plain English.

With offices in Sydney, Melbourne, Brisbane, Canberra and Perth, we are able to draw on our national expertise to ensure that you are prepared for the legal issues confronting your business. We participate actively in FCA events to keep in tune with the franchising sector.

Our services include;

· advising on the most appropriate business structure and preparing the necessary documents for the chosen structure

· advising on franchise agreements

· advising on compliance with the Franchising Code of Conduct and other aspects of the Trade Practices Act

· advising on registration and licensing of intellectual property

· preparing, negotiating and advising on all types of leases and licences

· assisting with termination and transfer of franchises

· advising on and documenting structures for master franchising

· adapting overseas franchises for the Australian market

· assisting in the mediation and arbitration of disputes between franchisors and franchisees as an alternative to litigation

· conducting litigation where other forms of dispute resolution are inappropriate or fail to achieve satisfactory results.

· preparation and review of business contracts including terms for supply of goods and services, joint venture agreements, technology licences, agency agreements, employment and consultancy agreements and advices on mergers and acquisitions

· advising on trade practices compliance and providing training for managers in the application of the Trade Practices Act to their areas of business

· advising on corporate governance for public and private companies as well as statutory corporations.

Some recent examples of our services are:

· replacing a 20,000 word franchise agreement with a 6,000 word document, while completely re-vamping the style, so parties clearly understand each other’s expectations without unnecessary verbiage

· helping a new master franchisee adapt US based franchise documentation to the Australian market, liaising with the US franchisor to address their concerns, and helping our client understand the practicalities of granting his first sub franchise

· helping a franchisor who had realised that their documentation did not comply with the Franchising Code. We helped them by distinguishing between changes to be made as a matter of urgency, in order to comply with the Code so as to continue negotiations with a prospective franchisee, and changes to be made over the longer term in order to improve the overall quality of their documentation.

Read more about buying a franchise and running a franchise.