Mason Sier Turnbull

MST advises franchisors, franchisees and suppliers to the franchise sector on all aspects of franchising. MST acts for many new and emerging systems and a multitude of business entrepreneurs who have invested in franchise businesses. MST has significant experience in Franchising Code compliance, franchise documentation, sales, purchases and restructuring of franchised systems/businesses and dispute resolution.

MST is a progressive and practical law firm that has been specialising in franchising for over 30 years. It has a franchising team of 9 lawyers and law clerks.

They can assist companies who are contemplating franchising their business or converting their existing business format into a franchising format. This may entail:

• Advice regarding structuring (including master franchising)
• Advice in respect of trade marks and other intellectual property including registration of trade marks
• Drafting the key franchise documents - franchise agreement and disclosure document

MST also provides advice to people wishing to buy or sell a franchised business. This may entail:

• Reviewing and advising in relation to the franchise documents
• Advising in relation to occupancy rights
• Structuring advice
• Drafting and/or reviewing business sale contracts
• Dealing with financiers

Once the franchise relationship is established the lawyers in the franchising team can also provide ongoing advice in relation to:

• The rights and obligations of the parties under the franchise agreement and other agreements
• Competition and Consumer Act issues and compliance that are pertinent to franchising
• Dispute resolution through direct negotiation, mediation or other dispute resolution processes

The commercial lawyers within MST's franchising team can also assist franchisors with the sale of their franchise networks or acquisition of other franchising networks. In so doing advice is given in relation to fundraising options ranging from bank loans, to private equity investments and public listings.

Finally, the litigation lawyers at MST will competently represent parties in franchise disputes including representation at mediations or Court proceedings in all jurisdictions throughout Australia. In so doing they will always recognize and aim to achieve the needs and commercial imperatives of their clients and endeavour to give realistic fee estimates for the various stages of the litigation process.

The key players in Mason Sier Turnbull's franchising team are well known both within Australia and around the world.

John Sier focuses on the commercial aspects of franchising and has helped many clients in the sale and acquisition process and export both non-franchised and franchised businesses throughout the world. John has participated as speaker at International Franchising Association events and has played a lead role in developing the firm's legal alliances in China, the USA, the UK and New Zealand. He has strong associations and networks in these countries with law firms specialising in franchising.

Raynia Theodore focuses on the establishment of domestic and international franchise systems and her extensive client base includes many household brand names. Raynia has taught the legal aspects of franchising in the Diploma of Franchising curricula and is a prolific writer of published articles.

Philip Colman has been practicing in the franchising sector since 1981 and is widely regarded as one of the most experienced franchising lawyers in Australia. Philip's practice focuses on the bigger picture issues facing franchisors and franchisees. As an accredited specialist in commercial litigation and mediator on the Office of Mediation Adviser's mediator's panel, Philip has been involved in some of the more complicated and higher profile disputes that have occurred in franchising over the years.