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Morgan Mac Lawyers

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4 leasing risks to avoid


Should you hold the lease of your franchisees’ business premises? The decision involves several commercial and financial considerations of the risks.  Many franchisors decide to hold leases of business premises

Assessing risk: The prospective franchisee’s responsibility


There is no doubting that 2018 was a difficult year for the franchise sector, and with the impending results of the Parliamentary Inquiry into the Franchising Code of Conduct set to be handed down in February, 2019 is shaping as a year destined for sector change.

Tobacco franchisor smoked in competitor court case


What happened in a dispute between rival tobacco product franchisors recently?

How many franchise disputes end up in court? [infographic]


Buying a franchise can be a life-changing experience. There are many reasons why you might consider becoming your own boss and open or buy a franchise.

Why franchisees need to get advice about a notice of breach


A recent decision by the Supreme Court of Queensland shows a franchisee does not need to be intimidated by a Notice of Breach that may set in motion a process that ends in the loss of a valuable business without compensation.

Franchise / franchisor competition conflict


Question: Can a national franchisor (under a head franchisor) operate their own business under the name of the franchise business or do they have to purchase a franchise?

Useful advice for prospective franchisees


One of the most serious mistakes a prospective franchisee can make… is to fail to conduct proper investigations and obtain as much relevant information as possible before making a final decision whether or not to purchase the franchise.

Forced discounts and royalties


Question: Can you advise if a franchisor can force you to give a discount through a national marketing initiative and then still charge you royalty and marketing fees on the discount you gave?

Can you be sued for unpaid royalties? Legal Q&A


A franchisee ready to close the doors poses the question: can a franchisee be sued for loss of royalties and required to refit the store before selling?

Options on a loss making franchise


Question: I have a franchise that has been trading at considerable loss for the last 3.5 years.