Marsh & Maher Richmond Bennison Lawyers


Franchise Licensing and Retail Group



Franchise Licensing and Retail Group

WOW what are year in franchising since the new Franchise Code has come in!

Compliance Issues

Robert, Marianne and Natassja in our franchise group have been extremely busy with new and overseas Franchisors upgrading their agreements to comply with the Code. Overseas Franchisors coming into the Australian market require their franchise documents to be updated to comply with the Code and also meet their financial disclosure obligations under the Code.

New Franchisors

We are acting for a number of new and exciting Franchise systems in a wide range of areas such as Retail, Food and Hospitality, Childcare, Fitness and Health, Online sales and other Business to Business Service Industries.

We love being part of such a dynamic industry and acting for Local and International clients.

Dispute Resolution

There have been a number of recent high profile franchise failures where Franchisors have been placed into Voluntary Administration and Liquidation.

We have been advising a number of Franchisees in these systems as to their  rights and obligations including their options in dealing with shopping centre landlords and Administrators

We have also been involved in a number of mediations under the Code acting for both Franchisors and Franchisees aimed to resolve disputes so the parties can get on with business or negotiate an exit.

We provide a full range of services to our business clients in the areas of Leasing, Employment Law, Intellectual Property, Contract law, and Dispute Resolution

We also provide the full suite of franchise services to our franchise clients which include Franchisors, Master Franchisors and Franchisees.

Marsh & Maher are members of :

  • The Franchise Council of Australia (FCA).
  • International Franchise Lawyers Association (IFLA) being a network of specialist franchise and licensing lawyers worldwide. We can therefore refer Australian Franchisors to reputable and experienced advisors worldwide.
  • US Commercial Service -assisting US companies to establish business in Australia; and
  • Themislink European Lawyers Network.

We also have a network of experienced consultants who are FCA members to assist our new franchisor clients to ensure the success of their franchise system, which includes accountants, feasibility, site selection, territory planning and developing operations, manuals  and franchisor systems.

Our recent experience includes:

  • Acting for overseas companies from Germany, France, Sri Lanka, Thailand, Greece, Hong Kong, New Zealand and the US to establish their business operations and franchise system.
  • Assisting multiple Franchisees to renegotiate their franchise agreements with their franchisor and in mediation.
  • Preparation, review and renegotiation of Master Franchise Agreements.
  • Advice on corporate structures for Licencing and Distribution systems.
  • Acting for multiple Franchisees in dispute with a Franchisor.
  • Upgrade of Franchise documents to comply with the Franchise Code 2015.
  • Advice to Franchisees for a fixed fee.
  • Applying for Third Line Forcing exemption from the ACCC.
  • Strategic advice to Franchisors and Franchisees.

Robert and Marianne haveover 35 years of industry knowledge and experience. We provide clients with fixed fees based on the scope of services where possible so our clients can monitor and budget for their legal costs. Please contact Robert or Marianne:

Robert Toth
(03) 9604 9405
Marianne Marchesi
Senior Associate
(03) 9604 9413