Franchise Lawyers Melbourne
Franchise Lawyers Melbourne
Senior-led franchise legal advice backed by experience inside major Australian franchise networks.
Franchising can be one of the most effective ways to grow a business, yet it creates a complex legal relationship between franchisors and franchisees. From establishing a franchise system and preparing franchise agreements to buying a franchise, managing compliance or resolving a dispute, the legal framework needs to work alongside the commercial objectives of the business.
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Whelan Lawyers provides franchise legal advice to franchisors, franchisees and franchise businesses across Melbourne and Victoria.
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Our approach combines commercial law experience with genuine in-house franchising experience. Principal lawyer Neda Whelan has worked as General Counsel for major national franchise networks, including Clark Rubber and Jim's Group, giving her an understanding of franchising from inside the business as well as from private practice.
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Whether you are building a franchise network, considering buying a franchise, reviewing an existing franchise agreement or dealing with a franchise dispute, we provide practical legal advice designed to protect your position and support your commercial objectives.
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We offer a complimentary 30-minute consultation to discuss your circumstances, objectives and legal options.
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What Does a Franchise Lawyer Do?
A franchise lawyer advises franchisors and franchisees on the legal and commercial issues that arise throughout the franchise relationship.
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This can include franchise agreements, disclosure documents, Franchising Code compliance, franchise purchases, renewals, transfers, disputes and exits.
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The focus is on providing practical legal advice that protects your position while supporting your commercial objectives.
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The In-House Franchising Advantage
Legal advice informed by the realities of running a franchise network
Franchising experience is not limited to reviewing franchise agreements.
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Neda Whelan, Founder and Principal of Whelan Lawyers, has more than a decade of experience that includes working as General Counsel for major national franchise networks including Clark Rubber and Jim's Group.
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That in-house experience provides a different perspective on franchise law.
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It means understanding the commercial pressures behind franchise growth, network management, franchise recruitment, brand protection, compliance, supplier relationships and franchisee relationships, not simply advising on the legal document in isolation.
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For franchisors, this means legal advice that considers how a franchise system needs to operate in practice.
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For franchisees, it means understanding the commercial and operational implications of the commitments they are being asked to make.
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Our franchising experience includes:
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Franchise system structuring and expansion
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Franchise agreement drafting and negotiation
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Franchise disclosure and compliance
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Franchisee relationship management
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Franchise network operations
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Franchise disputes and dispute resolution
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Commercial contracts and supplier arrangements
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Franchise business sales and transfers
The result is commercially focused legal advice designed around the franchise relationship, not just the contract.
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Principal Lawyer
Neda Whelan
LLB, LLM, GDLP
Neda Whelan is the Founder and Principal of Whelan Lawyers. With over a decade of experience as former General Counsel for major national networks such as Clark Rubber and Jim's Group, she provides practical, commercial-first legal strategies for franchisors and business owners.
Franchise Agreements
A franchise agreement establishes the legal and commercial framework between a franchisor and franchisee. It can determine fees, royalties, territory, operating requirements, intellectual property rights, renewal rights, termination rights, restraints and many other aspects of the relationship.
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We assist with:
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Franchise agreement drafting
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Franchise agreement review
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Franchise agreement negotiation
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Renewal and extension provisions
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Territory and exclusivity arrangements
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Fees, royalties and other payments
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Default and termination provisions
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Restraint clauses
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Intellectual property provisions
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Operational requirements
Franchising Code of Conduct
The Franchising Code of Conduct is a mandatory industry code that regulates franchising relationships in Australia. It contains requirements concerning disclosure, franchise agreements, conduct between franchisors and franchisees, dispute resolution and other aspects of the franchise relationship.
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We advise franchisors and franchisees on:
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Franchising Code compliance
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Disclosure obligations
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Franchise agreement requirements
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Cooling-off rights
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Good faith obligations
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Termination provisions
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Restraint provisions
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Dispute resolution
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Specific purpose funds
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Capital expenditure obligations
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Regulatory risk
Franchise Disclosure Documents
Franchisors must prepare a disclosure document containing prescribed information about the franchise. Prospective franchisees generally must receive the disclosure document at least 14 days before entering into a franchise agreement.
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We assist franchisors with preparing and reviewing disclosure documents and advise franchisees on understanding the information provided.
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Our advice can cover:
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Disclosure document requirements
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Information required under the Code
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Franchise costs and financial information
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Supply arrangements and rebates
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Franchisee information
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Legal proceedings and materially relevant facts
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Capital expenditure disclosures
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Specific purpose fund requirements
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Updating disclosure documents
Franchise Compliance
Franchise compliance is an ongoing responsibility rather than a one-off exercise.
We advise franchisors on establishing compliance systems and reviewing franchise documentation and processes against their obligations under the Franchising Code and broader Australian commercial law.
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This can include:
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Franchise agreement compliance reviews
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Disclosure document reviews
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Franchise Disclosure Register requirements
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Annual compliance obligations
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Materially relevant facts
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Specific purpose fund obligations
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Competition and Consumer Law issues
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Franchisee communications
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Record-keeping requirements
Franchisors must publish and maintain information about their franchise system on the Franchise Disclosure Register, with annual update requirements applying under the current Code.
Franchise Business Sales & Purchases
Buying or selling a franchise business involves more than an ordinary business transaction.
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The transaction may involve the franchise agreement, franchisor consent, disclosure requirements, intellectual property, leases, restraints, finance, employees and other commercial arrangements.
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We advise franchise buyers and sellers on:
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Franchise due diligence
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Franchise agreement review
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Business sale agreements
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Franchisor consent
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Franchise transfers
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Disclosure requirements
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Lease and premises issues
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Restraint provisions
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Completion and settlement
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Exit planning
Franchise Disputes
Disputes can arise at any stage of a franchise relationship.
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We advise franchisors and franchisees on disputes involving franchise agreements, defaults, termination, renewal, restraints, fees, disclosure, representations, territory, operational requirements and other franchise-related issues.
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Our approach is focused on resolving disputes commercially where possible while protecting your position if formal proceedings become necessary.
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We assist with:
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Franchise dispute resolution
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Franchise mediation
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Franchise termination disputes
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Franchise renewal disputes
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Franchise restraint disputes
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Disclosure disputes
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Franchise agreement disputes
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Regulatory complaints
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Commercial litigation
Franchise Lawyers for Franchisors
Establishing a franchise system requires more than preparing a franchise agreement.
The legal framework needs to support the way the business actually operates, while addressing disclosure, compliance, intellectual property, commercial arrangements and the ongoing relationship between the franchisor and franchisees.
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We advise franchisors on:
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Franchise system structuring
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Franchise business model development
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Franchise agreements
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Disclosure documents
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Franchise Disclosure Register requirements
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Franchising Code compliance
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Operations manuals and supporting documentation
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Intellectual property and trademarks
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Supplier and distribution arrangements
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Franchise recruitment
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Franchisee relationship issues
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Renewals and transfers
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Franchise disputes
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Network expansion
If you are considering franchising an existing business, our lawyers can advise on the legal framework required to establish and operate the franchise system.
Franchise Lawyers for Franchisees
Buying a franchise is a significant commercial decision. A franchise agreement can impose long-term financial, operational and legal obligations, while the disclosure documents provide important information about the franchise system.
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Independent legal advice should be obtained before signing.
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We advise prospective and existing franchisees on:
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Franchise opportunity assessment
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Franchise due diligence
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Franchise disclosure documents
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Franchise agreement review
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Franchise agreement negotiation
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Franchise fees and royalties
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Territory and exclusivity
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Lease and premises arrangements
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Restraints of trade
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Renewal rights
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Termination rights
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Franchise transfers
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Franchise disputes
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Exit strategies
Our role is to identify the legal and commercial risks so you can make an informed decision about whether the franchise opportunity is right for you.
Franchise Mediation Lawyers
Franchise disputes can be costly and disruptive. Mediation provides an opportunity for franchisors and franchisees to resolve disputes commercially without immediately proceeding to litigation.
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We advise clients on:
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Franchise agreement disputes
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Franchise termination disputes
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Franchise renewal disputes
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Alleged breaches and defaults
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Franchise fees and payments
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Disclosure disputes
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Restraint disputes
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Territory disputes
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Franchise transfers
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Intellectual property disputes
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Settlement negotiations
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Mediation strategy and preparation
Our role is to assess the legal and commercial issues, help you understand your options and develop a practical strategy for achieving an appropriate resolution.
Franchise Termination Lawyers
Terminating a franchise agreement can have significant consequences for both franchisors and franchisees. The franchise agreement and applicable requirements of the Franchising Code need to be considered before taking action.
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We advise clients on:
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Franchise termination rights
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Termination notices
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Franchise agreement breaches
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Default and remedy provisions
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Termination under the Franchising Code
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Termination disputes
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Franchise renewal and non-renewal
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Restraints of trade
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Franchise transfers and sales
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Negotiated franchise exits
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Post-termination obligations
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Franchise dispute resolution
Our role is to assess the legal position, identify potential risks and help you determine the most appropriate strategy for terminating or responding to the termination of a franchise relationship.
Why Franchise Businesses Choose Whelan Lawyers
Senior-led legal advice without unnecessary handovers
Your franchise matter is handled by an experienced lawyer rather than being passed through a chain of junior lawyers.
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We combine franchising experience with broader commercial legal knowledge, allowing us to consider the legal issue in the context of the wider business.
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In-house franchising experience
Our Principal lawyer has worked as General Counsel for major national franchise networks, bringing direct operational experience to franchise legal matters.
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Commercial understanding
We consider how legal advice affects the commercial operation of your franchise, not just whether a document is technically compliant.
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Franchisor and franchisee experience
We advise both sides of the franchise relationship, providing insight into the legal and commercial issues faced by franchisors and franchisees.
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Direct communication
We provide clear, practical advice in plain English so you understand the legal position and the decisions available to you.
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Transparent fees
Fixed or scoped fees may be available depending on the matter, providing greater certainty about legal costs.
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Choosing a Franchise Lawyer in Melbourne
Choosing a franchise lawyer should involve more than searching for a lawyer who reviews franchise agreements.
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Franchising involves a combination of contract law, commercial law, regulatory compliance, intellectual property, leasing, business transactions and dispute resolution. The lawyer you choose should understand how these areas interact within the franchise relationship.
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Consider whether the lawyer:
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Regularly advises on franchising matters
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Understands the Franchising Code of Conduct
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Has experience with both franchisors and franchisees
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Reviews the commercial as well as legal risks in a franchise agreement
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Understands franchise disclosure requirements
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Has experience with franchise disputes and exits
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Can advise on related commercial matters such as leases and business sales
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Provides direct access to senior lawyers
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Gives practical advice rather than simply identifying legal issues
For franchisors, relevant experience in establishing and operating franchise networks can be particularly valuable.
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For franchisees, independent legal advice before signing can help identify obligations, risks and restrictions that may not be apparent from the franchise marketing material.
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For a more detailed guide, read our Guide to Choosing the Best Franchise Lawyer for Your Business.
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Franchise Law Across Melbourne and Victoria
Whelan Lawyers advises franchisors, franchisees and franchise businesses throughout Melbourne and Victoria.
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We work with businesses across industries including:
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Hospitality
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Fitness
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Automotive
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Professional services
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Health and allied services
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Home services
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Education
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Consumer services
Our franchising practice works alongside our broader commercial, corporate, leasing, intellectual property and dispute resolution capabilities where a matter requires advice across multiple areas of commercial law.
Frequently Asked Questions – Australia's Franchising Legal Specialists
Do I need a lawyer to review a franchise agreement in Australia?
Yes. A franchise agreement is a legally binding contract governed by the Franchising Code of Conduct. It typically includes long-term obligations, restraint clauses, termination provisions, and financial commitments. A franchising lawyer ensures the agreement is compliant and protects your commercial interests before you sign.
What does a franchising lawyer do?
A franchising lawyer advises franchisors and franchisees on:
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Drafting and negotiating franchise agreements
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Disclosure document compliance
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Franchise structuring and expansion
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Franchise dispute resolution
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Termination and exit strategies
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Compliance with the Franchising Code of Conduct
Early legal advice reduces regulatory and litigation risk.
What is the Franchising Code of Conduct?
The Franchising Code of Conduct is a mandatory industry code under Australian law. It regulates:
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Disclosure obligations
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Cooling-off periods
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Good faith requirements
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Dispute resolution processes
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Termination rights
Non-compliance can result in significant penalties from the Australian Competition and Consumer Commission.
Can a franchise agreement be terminated early?
Termination depends on the terms of the agreement and whether there has been breach, insolvency, or serious misconduct. The Code also provides procedural requirements before termination. Legal advice is critical before issuing or responding to a termination notice.
What disputes commonly arise in franchising?
Common disputes include:
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Misleading disclosure claims
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Breach of restraint clauses
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Non-payment of royalties
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Territory encroachment
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Wrongful termination
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Renewal disputes
These matters may proceed through mediation (as required under the Code) or court proceedings if unresolved.
How much does a franchising lawyer cost?
Costs vary depending on complexity. Agreement reviews may be fixed-fee, while disputes are typically billed based on time and complexity. Early advice often prevents expensive litigation later.
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When should I seek franchising legal advice?
You should seek advice:
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Before signing a franchise agreement
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Before issuing or responding to a breach notice
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When restructuring or expanding a franchise network
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When considering termination or sale
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If a dispute arises
Early strategic advice protects your commercial position and reduces exposure.
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Can you help me franchise my existing business?
Yes. We advise businesses considering franchising on franchise system structure, franchise agreements, disclosure documents, compliance, intellectual property and the legal framework required to establish and operate a franchise network.
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Can you review a franchise before I buy it?
Yes. We advise prospective franchisees on franchise agreements, disclosure documents, due diligence, commercial risks, leases, restraints, fees, renewal provisions, termination rights and other aspects of the franchise opportunity.
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Can you help with a franchise dispute?
Yes. We advise franchisors and franchisees on franchise disputes, including disputes concerning agreements, defaults, termination, renewal, disclosure, restraints, fees and other franchise-related issues. Where appropriate, we can assist with negotiation and mediation before considering formal proceedings.
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Speak With a Franchise Lawyer
Whether you are establishing a franchise network, buying a franchise, reviewing a franchise agreement, managing compliance or dealing with a dispute, obtaining legal advice early can help you understand your position and make better commercial decisions.
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Speak with Whelan Lawyers about your franchise matter.
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Complimentary initial consultation available to discuss your circumstances, legal options and next steps.
Call (03) 8560 7031
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Contact our franchising team
Whelan Lawyers Camberwell
Address
Opening Hours
Mon - Fri
9:00 am – 6:00 pm