Rouse lawyers offers practical, commercially astute assistance on matters relating to franchisors and franchisees, as well as other network models such as licensing and distribution. We act for clients in a broad range of industry sectors including: retail, financial services, real estate, fast-food, construction and heavy vehicles.
We have particular expertise in:
- initial assessments and consultation on whether franchising is right for your business;
- strategic advice on franchising structures, licensing, reseller, agency and distribution arrangements. We work closely with our tax specialist and can advise on taxation, GST, stamp duty and payroll tax advice;
- advising franchisees on franchise agreements and disclosure documentation for the grant of franchises. We also handle franchise sales and acquisitions, transfers, renewals and terminations;
- leasing, including the negotiation and documentation of real property leases, sub-leases and premises licensing;
- compliance with the Franchising Code of Conduct and dealing with the ACCC in respect of authorisations and notifications;
- the protection of franchisor intellectual property rights, including trademark registration and enforcement (inside and outside of Australia);
- pricing, supply, misleading conduct, unconscionable conduct and other aspects of the Competition and Consumer Act (2010); and
- documenting licensing and distribution arrangements that do not fall within the Franchising Code of Conduct. We also have extensive experience in on and off-shore and off-shore manufacturing deals.
Rouse Lawyers is a proud member of the Franchise Council of Australia.
Establishing a New Franchise System
Our franchising team worked closely with Umart Online (a technology supplies company with an annual turnover of $50 million) to establish the company’s complex franchised operation.
Advising on the Compliance of an Existing Franchise System
Rouse Lawyers was engaged by The Vast Interior, a long standing franchisor client with over 40 franchisees both nationally and internationally, to advise on and draft updates to existing franchise documentation following changes to the Franchising Code of Conduct.
Advice to Prospective Franchisee
Our lawyers worked with a franchisee to negotiate an extensive set of franchise documentation for the Coffee Club franchise, including the franchise agreement, disclosure document, premises licence agreement, head lease and accompanying guarantee and indemnity.
The Vast Interior, Head Franchisor
I have tried several of the larger law firms at the big end of town but found their services to be quite bland and predictable. Rouse Lawyers’s style of operation suits me much better, their knowledge of franchising is comprehensive, and just as importantly, their thinking is distinctly street wise and entrepreneurial.
Federal Pest Control
After aptly handling a previous long-term dispute of ours in such a competent manner, Rouse Lawyers were engaged to implement our franchise system and structures for expansion. The commercial advice and timely assistance provided by Matthew and Peter has been outstanding.