Deacons is Australia's leading franchise law firm, with offices in Melbourne, Sydney, Perth, Brisbane, Canberra and in 11 locations in Asia. We have assisted over 200 franchise companies, from large international corporations to start up franchisors. We do not handle franchisee matters.
Deacons is different to other law firms. Our clients tell us that they value the fact that we have comprehensive industry knowledge, can provide strategic input as well as legal advice, understand the relevant commercial and market factors and can be relied upon to share our innovations, technology, skills and learning. In a franchising context this often means that clients can establish their franchise program or obtain necessary industry input without the need to engage franchise or other consultants. The savings can be considerable.
Deacons franchising experience is second to none. Indeed Deacons is the only Australian firm listed in The International Who’s Who of Franchise Lawyers. We have been at the forefront of developments in franchising in Australia, having represented the sector in negotiations with Government concerning the regulatory framework, and written most of the leading franchise industry publications, including the authoritative franchising text Franchising Law & Practice; and industry guidebooks such as The Franchisor’s Manual; How to Franchise Your Business; Expanding Internationally – A Guide for Australian Franchise Systems and Compiling a Franchise Operations Manual.
We are active participants in franchise industry affairs, and many of our people are seen as industry leaders. For example Stephen Giles has served for 10 years on the national board of the Franchise Council of Australia, including six terms as chairman, and Tamra Seaton is an active member of the FCA WA Chapter Committee. Deacons Special Counsel Professor Andrew Terry is a member of the Franchising Hall of Fame, and current chair of the International Society of Franchising.
Deacons offers practical commercial assistance on all matters relevant to franchisors, including:
- strategic advice on franchising, master franchising, area development, licensing, reseller, agency and other distribution options
- development and implementation of franchising programs for retailers and distributors including drafting all legal and operational documentation
- advice on pricing, supply, misleading conduct, unconscionable conduct and all other aspects of the Trade Practices Act and Fair Trading Acts
- preparing disclosure documentation, advising on Franchising Code of Conduct compliance and implementing franchise document management processes
- enforcement of franchise agreements, negotiating with franchisees and assistance with mediation, arbitration and court action
- protection of franchisor trade marks, copyright, confidential information and other intellectual property including registration and enforcement action
- negotiation and documentation of leases, sub-leases, licences and step-in agreements and providing tenancy advice in all States
- dealing with the ACCC including lodging authorisations and notifications and managing complaints, investigations and prosecutions
- handling franchise sales, transfers, renewals and terminations
- assisting with foreign market entry strategy, advice on foreign laws, negotiating and drafting master franchise agreements
- advice on occupational health and safety, insurance and vicarious liability
- Trade Practices Act compliance programs and training
- taxation, GST, stamp duty and payroll tax advice
- town planning, development and property advice and transactions