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Wisewould Mahony - Franchise Lawyers Legal Advice

Robert Toth

Robert Toth is the Franchise Partner at Wisewould Mahony - Franchise Lawyers. Robert Toth is an Accredited Business Law Specialist, a member of the International Franchise Lawyers Association (IFLA), a member of the Australian Institute of Company Directors.

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

Robert Toth
Can the Franchisor insist that the Franchisee sign and return Franchise documents within a limited time frame to avoid Franchisees sitting on documents and shopping around for a more attractive option?
Under the Code of Conduct franchisors are required to provide prospective franchisees with a copy of the code, a disclosure document and a copy of the franchise agreement at least 14 days before the prospective franchisee ...
Should the Franchisor or the Franchisee hold the Lease?
Careful consideration needs to be given to whether the franchisor will hold the Lease of the business premises or require the franchisee to hold the Lease in its own name. There are pros and cons to both options however ...
What are the restrictions on me, as a Franchisor, accepting deposit monies from an incoming Franchisee?
I am a Franchisor and an existing Franchisee is selling their business. The Franchisee has given the buyer a copy of their existing Franchise Agreement and Disclosure Document. With the recent amendment to the Code, what ...
How often do I need to update and give out copies of my Franchise’s Disclosure Document?
The Disclosure Document must be updated every time the Franchisor enters a new Franchise Agreement, including when there is a transfer, renewal or extension of a Franchise Agreement. A copy must be provided at least 14 days ...
As a Franchisor, can I force Franchisees to buy products from me, or from a particular third party supplier?
Section 47 of the Trade Practices Act 1974 prohibits corporations from engaging in the practice of exclusive dealing, although usually only where this has the purpose or effect of substantially lessening competition. Generally, ...
Why can’t I sue the Franchisor? – An insight into your franchisee’s rights and interests when attempting to exit your system.
There are many successful Franchise systems that operate responsibly and support their Franchisees. The Franchisors have invested in their business, staff training, research and development and look to ways to improve their ...
Should I buy a Franchise in my own individual name or through a company or trust?
This involves an analysis of the nature of the business you are acquiring as well as your own personal circumstances, such as whether you are single or have a partner and/or a family. Other considerations are the likelihood ...
I’m looking at purchasing a Franchise. Can I contact existing Franchisees to find out what they think of the Franchisor and the Franchise system?
Yes, and in fact we recommend that you certainly do so. A Franchisor must give you a Disclosure Document for the Franchise at least 14 days before you enter into a Franchise Agreement or make a non-refundable payment in ...
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