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Mills Oakley Lawyers Legal Advice

Warren Scott

Warren Scott is the Partner at Mills Oakley Lawyers. Warren is a recognised expert in franchising law. He heads the Mills Oakley franchising team, which offers a premium service nationally. Warren advises both franchisors and franchisees.

You should always check independently that an ask an expert answer published on Franchise Business applies to your particular circumstances.

Warren Scott
Isn't the franchise agreement standard? Why obtain legal advice.
No. There is no such thing as a standard franchise agreement. Each franchise system has its own current standard franchise agreement but franchise agreements vary dramatically from business to business. It is important to ...
Master Franchising - what do I need to consider?
Master franchising is most commonly used for international expansion. For example, US franchisor decides to expand to Australia, so finds an appropriate business partner in Australia to licence its brand for expansion in ...
How can I minimise the money I spend on lawyers?
Three tips for minimising your legal spend: Have fixed fees for certain tasks your lawyer does for you - such as the preparation of franchise agreements including any amendments required by the franchisee's lawyer.Don't ...
How do I sign up a franchisee?
The procedure for sigining up franchisees is set out in the Franchising Code of Conduct. This procedure is reasonably complex in that it requires documentation to be acknowledged and signed in a particular order. Non-refundable ...
Do franchisors need to hold the lease for their franchisees' premises?
There is no legal obligation for franchisors to hold the lease for a premises occupied by their franchisees. I recommend that, for strategic sites, the franchisor holds the lease to ensure that it has control. In major shopping ...
I have a business and would like to start granting franchises, what is the first step?
At a minimum you will require a franchise agreement, a franchise dislosure document and independent advice certificates. A franchisor is required by law to meet some basic requirements that ensure that its franchisees are ...
What does it cost to have a franchise agreement prepared for my business?
A franchise agreement is just a contract. For a simple business model, and in particular where the contract can be simplified to a licence rather than a franchise agreement, the cost can be minimal (about $5,000). Often ...
How do I sell my franchise business?
Franchisees must check their franchise agreements and carefully follow the procedure for the sale of their business as set out in their franchise agreement. Minor or technical deviations from the sale process can result ...
Who selects the site? Do I need to sign a lease?
You should not enter into a franchise agreement if you are not satisfied with, or will not have the opportunity to approve the premises. In most franchise agreements, the ultimate responsibility for site selection rests ...
How do I know if the franchise I have chosen will make a profit?
Some franchises come with an income guarantee but they are not necessarily the best option. You may be buying a franchise, having previously been an employee. Limiting your search only to franchises that guarantee income ...
I am in dispute with my franchisor, what do I do?
There is a mandatory dispute resolution procedure in the Franchising Code of Conduct. Either the franchisor or the franchisee can commence this procedure at any time. This procedure ensures that if you are able to meet with ...
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