Herbert Geer

Herbert Geer is a strong east coast law firm working at the forefront of its selected areas of practice. The firm has offices in Brisbane, Sydney and Melbourne although we operate wherever the needs of our clients take us. We are committed to achieving intelligent and commercial solutions for clients through an application of specialist knowledge, technology and legal skills.

The success of Herbert Geer over many years demonstrates an ability to adapt our business in response to clients' needs and to the changing commercial environment both in Australia and overseas. Partners are actively involved in all matters and lead teams of motivated and committed staff.

Why Use Herbert Geer?

At Herbert Geer we understand that franchising isn’t just a business - it’s a unique way of doing business.

In our experience, operating successful franchised businesses and franchise systems requires, amongst other things:

• a thorough understanding of the regulatory framework,
• a strong working relationship between franchisors and franchisees,
• open communication between franchisors and franchisees, and
• accurate documentation in place to govern the relationship between the franchisor and franchisee.

At Herbert Geer, our lawyers understand the intricacies of franchising law and the complex commercial and legal challenges faced by franchisors, franchisees and stakeholders in the sector. Our franchising team in Brisbane, Sydney and Melbourne is equipped to provide specialist advice on any aspect of franchising.

Herbert Geer is highly regarded in the franchising and leasing arenas and is at the forefront of changes, keeping abreast of legislation in both franchising and retail shop leasing across Australia and New Zealand. As a long standing member of the peak industry body, the Franchise Council of Australia (FCA), Herbert Geer abides by the FCA Member Standards.

Our Expertise - Franchisees

We ensure that our franchisee clients understand their rights and obligations as a franchisee and help them to establish a lasting and mutually beneficial business relationship with their franchisors.

Under the Franchising Code of Conduct before a franchise agreement is entered into, a franchisor must receive a statement from a prospective franchisee that it has received advice from an independent legal advisor (and other advisors) in relation to the franchise agreement and the franchised business.

Our expert franchising team helps franchisees interpret their franchise agreement in terms that are easy to understand, to enable them to comply with their disclosure requirements. Our specialist and timely legal advice is delivered in a commercial manner, to ensure that franchisees clearly understand their rights and obligations and also the rights and responsibilities of the franchisor.

Our expertise includes:

• General and specific advice in relation to corporate structuring.
• Purchase and sale of a franchise.
• General and specific advice on franchise agreements, disclosure documents, deeds, and other franchise related documentation.
• General and specific advice on the franchise regulatory framework.
• Negotiation and finalisation of all franchise related documentation.
• Negotiation and finalisation of premises related agreements including leases, licences, storage licences, seating licenses, consents and permits.

Herbert Geer has acted for franchisees entering into the following franchise systems:

• All-safe Energy Efficient Products
• Athlete’s Foot
• Aussie Farmer’s Direct
• Baskin Robbins
• Crust Pizza
• Dominos Pizza
• Elder’s Home Loan
• Endota
• Hell’s Pizza
• Goodyear Tyre & Rubber
• Little Kickers
• Outback Jacks
• Planet Power
• Retrovision
• Shingle Inn
• Snap-on Tools

Our Expertise - Franchisors

Our expertise helps franchisors develop a franchise system which not only meets their obligations under the Franchising Code of Conduct, but provides a structure which allows them to expand their franchise business as required. Our franchising team works with large and small franchisors operating both within Australia and overseas, so it is important to ensure that the franchise structure is appropriate for the needs of the franchisor.

The Franchising Code of Conduct imposes a number of obligations on franchisors, particularly in relation to the disclosure of information. Meeting these obligations can be expensive and time-consuming, and our team is expert in helping franchisors meet and manage these requirements. Our clients benefit from our strategic advice and expertise in all aspects of franchising.

If you are thinking about starting a new franchise or want to expand or sell an existing franchise, we can help. Our expertise includes:

• franchise models and legal structures for franchise systems
• franchise agreements, disclosure documents, distribution agreements and all ancillary documents necessary for starting a franchise (including security documents)
• master franchise and sub franchise arrangements in Australia and overseas
• audit compliance and operation and recruitment manuals
• due diligence, trade practices compliance and risk management
• corporate governance advice
• employment contracts
• business sales
• dispute resolution
• breach and termination, renewals and transfers
• subleases and premises licence agreements
• deeds of surrender and release

Our franchisor clients include the following:

• ActionCOACH Australia
• Dreamy Donuts
• Eagle Boys Dial-A-Pizza Australia
• Hills in Hollywood
• Harcourts NSW Pty Ltd
• Internet Only
• Kwik Kopy Australia
• MailPlus
• Metro Tiles
• Nightowl
• Pet Café
• Price Attack
• The Coffee Club
• Thrifty Car Rentals
• Time Solvers
• Wok Me

Meet our Franchising Partners

Brisbane: Bruce McGregor

Ph: (07) 3853 8865
Email: bmcgregor@herbertgeer.com.au  

Bruce has been a partner with Herbert Geer since July 2008. Clients engage Bruce for his commercial and practical approach when dealing with all types of legal issues associated with franchising, leasing and property matters. He has more than 25 years experience in acting for franchisors, franchisees, developers, landlords, and tenants.

Areas of expertise:

• franchising and licensing
• leasing (retail, commercial and industrial)
• business sales and acquisitions

Bruce and his team act for and are often asked to represent (by way of referral) franchisees entering into, acquiring or disposing of a franchise. Bruce has presented several papers to industry groups and client forums and is often asked to chair industry focused seminars.

Sydney: Graeme Hodgkinson

Ph: (02) 9239 4502
Email: ghodgkinson@herbertgeer.com.au  

A partner at HerbertGeer since 1999, Graeme Hodgkinson is a commercial lawyer with broad transactional experience. Graeme leads Herbert Geer’s Intellectual Property, Technology, Media and Entertainment unit. He has a Bachelor of Laws and a Bachelor of Economics and is a qualified Chartered Accountant.

Areas of expertise:

• franchisor structures and licensing
• commercial and business law
• joint ventures and business acquisitions for intellectual property and technology based businesses
• preparation of due diligence reports and structuring advice
• domestic and international licensing, distribution and other commercialisation of intellectual property assets
• digital content and rights exploitation
• communications and technology
• intellectual property, development, exploitation and protection
• broadcasting
• media and entertainment

Melbourne: Paul Noonan

Ph: (03) 9641 8603
Email: pnoonan@herbertgeer.com.au  

Paul Noonan joined Herbert Geer as a Partner in 2009. He specialises in information technology, intellectual property, general procurement and entertainment law. He has acted for some of Australia’s largest listed companies and not-for profit organisations as well as large and small private companies, including technology and content provider start-ups. Paul has been seconded to a senior in-house role with a large financial services company where he assisted the client’s general procurement and IT sourcing teams. He also offers particular expertise in IP commercialisation and content licensing and his clients include book publishers and technology companies.

Areas of expertise:

• Franchising
• technology contracts (including outsourcing and website, software and hardware projects)
• general procurement tendering and contracting IP commercialisation
• content and technology development and licensing
• copyright advice and litigation
• trade marks advice, litigation and licensing
• IT and IP due diligence
• IT dispute resolution
• Entertainment law