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Franchising Law

Franchising Law

We know Franchising Law

Franchising Law

We have a strong presence in the Franchising industry.

Luke has specialised in franchising law for over 10 years and has acted for a diverse range of franchisors and franchisees of a variety of franchise systems.

Luke is an active member of the Queensland Law Society Franchising Law Committee where he keeps on the forefront of the latest developments in laws affecting franchising and contributes towards submissions to government on topical issues facing the franchising industry.

Our team have acted for a diverse range of multinational franchisors.

We have helped franchisees of many different franchise systems achieve that exciting goal of becoming business owners.

We Can Help With

  • setting up franchise systems and acting for franchisors in all their legal needs
  • providing franchisees with advice on franchise agreements
  • assisting in the sale/purchase of franchised businesses
  • resolving franchise disputes

Our Experience

Acted for one of Australia’s leading multinational milk distributors undertaking all of their legal work regarding their franchising and distribution networks, and providing general advice on day-to-day operations.

Acts for various franchisors in all their legal needs in the industries of mobile dog washing, real estate signage printing, automotive repair, sports coaching and fast food retailers. Work includes providing general advice on day-to-day operations, annual updates of the disclosure document, updating proforma franchise agreements to reflect changes in laws, managing franchisee sale processes, corporate buy-backs and mediating disputes.

Acted in the establishment of a franchise system which included drafting the full suite of franchise documents and structuring of intellectual property.

Reviewed franchise agreements and provided advice to franchisees of Zarraffas, The Coffee Club, The Sporting Globe, AutoBarn, Donut King, Hire a Hubby, Jamaica Blue, Ray White, Stellarossa, Sumo Salad, Studio Pilates, Zambrero, James’ Home Services, First Class Accounts, GJ Gardner Homes, Jetts, Portermark, Transworld Business Brokers, Graffiti Eaters and David Reid Homes.

Acted in the sale of both the franchisor-entity and all network outlets (being all franchisee and corporate owned stores in the network) of an optical franchise network. This included the sale of assets, assignment of intellectual property, transfer of franchise agreements, assignment of leases, and entry by former franchisees into employment agreements.

Over the course of 6 years has acted for a client on multiple occasions in their purchases of Domino’s Pizza franchised business.

Acted for various buyers and sellers of F45 franchised businesses.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.