Anyone who is either a franchisor or franchisee will be familiar with Australia’s Franchising Code of Conduct. Both franchisor and franchisee have legal obligations and requirements they must meet following the code, to avoid penalties and disputes.
In addition to the Franchising Code both franchisor and franchisee have other obligations to each other, both under the Franchise Agreement and Disclosure Document, and also under the Australian Consumer Law (ACL) in relation to misleading and deceptive conduct.
Disputes occur when one party has breached any term of the code, contract, or ACL, and is liable. Under the Franchising Code mediation is often ordered to settle the dispute, and following an unsuccessful mediation, the matter may go to trial.
Franchising Law is complex. It’s recommended that you seek advice from a professional to navigate any potential claim or dispute.
Gorval Lynch have years of experience in acting for parties to franchising disputes and we ensure our clients understand their options at every step pf the way. Give us a call if you think you may need professional advice about a franchise dispute and we will explain the options you have available.