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Wisewould Mahony Lawyers

Office Address
Level 8
419 Collins Street
Melbourne VIC 3000

Postal Address
PO Box 239
Collins Street West
Melbourne VIC 8007
DX 470

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Franchising, Distribution and Retail Group

Franchising, Distribution and Retail Group

The firm charges fixed fees based on scope of works which enable clients to budget for fees and provide certainty.

Wisewould Mahony Franchise Lawyers are a member of the Franchise Council of Australia (FCA), the International Franchise Lawyers Association Network (IFLA) and the New Zealand Franchise Association (FANZ) & the US Commercial Service.

The firm provides legal and consultancy advice to:

  • Franchisors
  • Franchisees
  • Master Franchises
  • International Franchise Systems
  • Consulting to the Franchise Industry

We advise on issues such as:

  • Appropriate corporate structures to establish a Franchise system;
  • Strategies for protecting the Franchisor's Intellectual Property and brand, including the registration of Trade marks;
  • Preparation of the Franchise Agreement and Disclosure Documents under the Franchising Code of Conduct and related documents such as Retail Leases, Licences and Confidentiality Agreements;
  • Buying or selling existing Franchised business and systems;
  • Update of Franchise Agreements for Code compliance;
  • Advising Franchisees and prospective franchisees;
  • Mediation of disputes and dispute resolution strategies as between Franchisors and Franchisees and
  • Master Franchising rights, area developer agreements

Complimentary information and guide packages are available for;

  • Franchisors
  • Franchisees

The Wisewould Mahony Franchise group publishes articles regularly and in the areas of Franchising, Trade Practices and licensing in various journals and publications including the Financial Review, Franchise Business and Wealth Creator.

Distribution and Retail

Our lawyers specialise in all issues that can be raised in the distribution of product, including:

  1. manufacturing standards, warranty and defect issues;
  2. the structuring of distribution networks;
  3. advertising and promotion;
  4. pricing;
  5. the passing of risk and insurance;
  6. terms and conditions of supply;
  7. security and retention of title; and
  8. transport.

This practice often involves:

  • negotiating and drafting supply agreements and terms and conditions of supply;
  • advising on the Franchising Code of Conduct and the Competition and Consumer Act 2010;
  • assisting suppliers in their relationship with dealers and resellers, including advising on the appropriate level of control; and
  • advising on various trade practices issues, including:
  • the setting of price;
  • the appointment and termination of dealers;
  • the assignment of territories; and
  • exclusivity.