For the past 20 years, franchising has exploded in popularity in Australia with many small business owners choosing to sign up to a franchise network to pursue their commercial goals. A franchise relationship, like any commercial relationship, is not always smooth sailing and from time to time disputes arise.
Our team at Preston Law have extensive experience in advising both franchisors and franchisees in all facets of franchising and franchising disputes.
- Franchise Agreement Disputes
- Royalty Disputes
- Premises Licence/Sub-lease Disputes
- Restraint of Trade Disputes
Results for clients:
- Acting for franchisee in successfully resisting an injunction to restrain franchisee from trading following the termination of the franchise agreement. The resistance of the injunction ultimately saw our client successfully negotiate a settlement with the franchisor which included it being entitled to continue to operate a business in competition with the franchisor’s business.
- Acting for franchisor in respect of resistance of proceedings against the franchisor by a franchisee asserting deceptive and misleading conduct in relation to the sale of the franchise business. In the proceedings, we successfully had one proceeding struck out on behalf of our franchisor client whilst securing a permanent stay of separate proceedings which had also been commenced by the franchisee. In both instances, our client secured orders that the franchisee pay our client’s costs.
- Acting for franchisee in respect of resisting proceedings brought by franchisor for alleged unpaid royalties. As a result of our involvement, our client succeeded in negotiating a settlement with the franchisor which saw them pay less than 15% of the royalties which were initially alleged to be owed.
- Advising franchisors in respect of all regulatory compliance matters.