Franchise Lawyers Sydney

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Expert legal advice for franchisors and franchisees, from disclosure documents and agreements to Code compliance and disputes.

Franchising can be a rewarding path into business, but it is governed by a detailed regulatory framework that carries real obligations for both sides. As part of our commercial and automotive practice, our lawyers advise both franchisors and franchisees on the Franchising Code of Conduct, franchise agreements, and disputes.

The Franchising Code of Conduct

The Franchising Code of Conduct is a mandatory industry code under the Competition and Consumer Act 2010 (Cth), administered by the ACCC. It applies to franchise agreements entered into, renewed, extended, or transferred in Australia. A new Code took effect on 1 April 2025, with further requirements from 1 November 2025. Past reviews, such as the Franchising Code review, show how significantly these rules can change, making current advice essential.

Advice for Franchisees

Before signing, franchisees must receive a disclosure document and are required to obtain independent legal and financial advice. Buying a franchise is a major commitment, and the same due diligence that applies when buying an established business applies here. We review the disclosure document and franchise agreement, explain the key terms and risks, and highlight anything that may be unfavourable.

Advice for Franchisors

If you are establishing or expanding a franchise network, compliance with the Code is essential, and the right business structure underpins it. We prepare Code-compliant disclosure documents and franchise agreements, advise on your obligations, and help you manage your network in line with the latest requirements.

Resolving Franchise Disputes

The Code requires parties to attempt mediation before litigation, and the Australian Small Business and Family Enterprise Ombudsman can assist with dispute resolution. We advise on your rights and represent you in franchise disputes, working to achieve a commercial outcome wherever possible.

How V.S. George Lawyers Can Help

For franchisees and franchisors alike, our team will:

Review the disclosure document and franchise agreement before you sign.
Prepare Code-compliant disclosure documents and agreements for franchisors.
Advise on the 2025 Franchising Code changes and what they mean for your network.
Negotiate renewals, transfers, and exits on favourable terms.
Represent you in franchise mediations and disputes.

Speak with a Franchise Lawyer in Sydney

Whether you are buying into a franchise or building a network, the right legal advice protects your interests.

Ready to speak with our team? Visit our contact page or call 02 9150 6991 to arrange a confidential discussion.

FAQs

What is the Franchising Code of Conduct in Australia?

The Franchising Code of Conduct is a mandatory industry code under the Competition and Consumer Act 2010 (Cth), administered by the ACCC. It applies to all franchise agreements entered into, renewed, extended, or transferred in Australia. A new Code took effect on 1 April 2025, with further requirements from 1 November 2025, covering disclosure obligations, termination rights, return on investment provisions, and dispute resolution.

What is a franchise disclosure document?

A disclosure document is a document franchisors must provide to prospective franchisees before they sign a franchise agreement. It covers the franchisor’s background, fees, territory, obligations, and financial information. Prospective franchisees must receive it at least 14 days before signing.

What should I look for when reviewing a franchise agreement?

Key areas include the term and renewal rights, territory protections, fees and ongoing costs, obligations to contribute to marketing or specific purpose funds, grounds for termination, and any post-agreement restraint of trade clauses. Under the 2025 Code, agreements entered into from 1 November 2025 must also give franchisees a reasonable opportunity to earn a return on their investment.

Can a franchisor terminate my franchise agreement early?

Yes, but termination must comply with the Franchising Code of Conduct. Franchisors can terminate on seven days’ notice for serious breaches. For agreements entered into from 1 November 2025, franchisors who terminate early in certain circumstances, such as exiting Australia or restructuring their network, must pay compensation to the franchisee.

How are franchise disputes resolved in Australia?

The Code requires parties to attempt mediation before pursuing litigation. The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) can assist with dispute resolution and, under the 2025 Code, can publicly name franchisors who refuse to participate in alternative dispute resolution. If mediation fails, disputes can proceed to court.

Do I need a lawyer to buy or sell a franchise in Australia?

Yes. The Code requires prospective franchisees to provide a signed statement confirming they have received independent legal and financial advice before signing. A franchising lawyer can identify unfavourable terms, explain your obligations, and confirm the agreement complies with the Code.