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We work with you to understand the individual qualities of your business and system

Overview

We understand your industry

Franchising is a recognised way of doing business in Australia. Franchising systems are present in most industry sectors and the economic impact of franchising is substantial and growing. Franchising has evolved as a business specialty with needs in establishing and operating these businesses and an understanding of these systems to provide small businesses with competitive resources.

Dibbs' Franchising team works with franchisors, franchisees, master franchisors, and master franchisees, in establishing and operating successful businesses. In working with franchisors we have established streamlined processes to enable us to promptly generate high quality franchise documentation with quick turnaround.

How we can help

Dibbs understands that Franchising is a long-term relationship and commitment and it is fundamental to achieving success that both parties are satisfied that the relationship will deliver benefits.

We work with you to understand the individual qualities of your business and system. When drafting agreements, we take into consideration the perspectives of both parties to cover a wide range of issues from intellectual property concerns to clear performance standards. We work closely with other consultants to ensure that your systems and manuals meet or exceed legal compliance standards.

Our clients come from the full spectrum of franchised businesses: retail outlets, motor vehicle dealerships, coffee shops, food outlets, mobile services (such as bookkeeping services, food and beverage sales, white goods repair and pet food delivery to name a few), ice cream outlets, marketing services, real estate, human resource services, pharmacies and child care.

Our services and experience include:

  • advising on business and tax structures including consideration of business structuring alternatives and preparing the necessary documents for the chosen structure;
  • advising on franchise agreements and preparing disclosure documents;
  • assisting in the preparation of procedures for the recruitment, selection and appointment of franchisees;
  • advising on compliance with the Franchising Code of Conduct and other aspects of the Trade Practices Act including 1 March 2008 Amendments;
  • advising on registration, licensing, protection and exploitation of intellectual property;
  • assisting with the grant and transfer of franchises;
  • assisting with dispute resolution including breach notices and terminations;
  • advising on and documenting structures for all forms of franchising including master franchising;
  • adapting overseas franchise documents for the Australian market and overseas expansion by an Australian franchisor;
  • assisting in the mediation and arbitration of disputes between franchisors and franchisees as an alternative to litigation; and
  • negotiating, preparing and advising on all types of leases and licenses for franchised businesses as well as mortgages and charges to protect the rights of the franchisor.
Major changes recommended by Franchise Inquiry report

The Parliamentary Joint Committee on Corporations and Financial Services inquired into the operation of Australia’s Franchising Code of Conduct (‘Code’) with the objective to identify areas of the Code needing improving...more

The implied common law obligation of good faith has become increasingly important in the realm of franchise relationships. Australia, the most franchised country in the world, is a jurisdiction lacking clear High Court authority relating to the implied good faith obligations in franchises but which is otherwise characterised by a substantial body of good faith litigation surrounding franchises...more

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