MST advises franchisors, franchisees and suppliers on all aspects of franchising. We act for many new and emerging systems and a multitude of business entrepreneurs who have invested in franchise businesses. We have significant experience in Franchising Code compliance, franchise documentation, sales, purchases and restructuring of franchised systems/businesses and dispute resolution.
Mason 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 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 and registrations of trade marks and other intellectual property
- Drafting the franchise agreement Drafting the disclosure document
The Mason Sier Turnbull team 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, including taxation implications
- 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
- Trade Practices and Fair Trading matters that are pertinent to franchising
- Dispute resolution through direct negotiation, mediation or other dispute resolution processes
The commercial lawyers within Mason Sier Turnbull's franchising team can also assist franchisors in relation to the sale of their franchising networks or acquiring other franchising networks and, in so doing can advise in relation to fundraising options ranging from bank loans, to private equity investments to public listings.
Finally, the litigation lawyers within Mason Sier Turnbull's franchising team will competently represent parties who wish to commence or who become embroiled in 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.