Franchising

Franchising has emerged as a new field of legal and business specialty over the past 15 years. Those involved need professional advice that is industry focused, practical and tailored to their business needs.

Deacons represents over 200 franchise systems across all industries, and is Australia's premier national franchising group. We have been at the forefront of developments in franchising in Australia, having represented the peak industry body in negotiations with the Federal Government on the regulatory framework for the sector. We also played a major role in the design and development of the core educational materials and publications for the Franchise Council of Australia, drawing on our extensive experience gained in helping to establish and develop many of Australia's leading franchise systems.

We make it our business to understand our clients' businesses and the industries in which they operate. This enables us to supplement our legal and consulting advice with practical suggestions on industry best practice. Deacons is active in the franchise industry and professional bodies around the world. Stephen Giles and Andrew Terry have all served on the national board of the Australian peak industry body, the Franchise Council of Australia. Stephen Giles has also served five terms as national chairman.

We publish a monthly franchising newsletter, and conduct regular client seminars on franchising and related matters.

For further information about our services, the franchising industry in general, or to find out about our newsletter and seminars please email Stephen Giles.

Books and publications

• Giles, Redfern & Terry Franchising Law & Practice - Butterworths
• The Franchisor's Manual - Franchise Council of Australia
• How to Franchise Your Business - A Guide for Australian Entrepreneurs - Austrade and Franchise Council of Australia
• Going International - A Guide for Australian Franchise Systems - Austrade and Franchise Council of Australia
• Compiling a Franchise Operations Manual - Franchise Council of Australia
• GST and Franchising: A Guide for Franchisors - Franchise Council of Australia.

Recent published articles

• Doing Business in Australia – Franchising Issues - Deacons

• Newsletter: Franchising Focus - June 2008

  Welcome to the June issue of Franchising Focus. In this issue we examine: Preparing your business for sale, What is a franchisee acquiring: business system or business potential?, Owner's drawing and misleading wages claims, Determining the monetary threshold for unconscionability actions and "Direct supervision" provisions in franchise agreement upheld

  17 Jun 08 Andrew Terry and Marshall Bromwich

• Deacons in the press: Kleins rent deals face scrutiny

  Deacons is representing the Kleins franchisees group, which is representing the majority of franchisees in the chain who have contributed to a legal fighting fund, reports the Australian Financial Review, 17 June 2008.

  17 Jun 08 Stephen Giles , Kate Alexander

• Deacons in the press: Court to resolve franchise code

  The Franchise Council of Australia is hopeful today's appeal of the Ketchell case in the High Court will resolve some of the uncertainty surrounding the Franchise Code of Australia, reports the Australian Financial Review, 10 June 2008.

  11 Jun 08 Stephen Giles , Mary-Anne Webb

• Deacons in the press: Franchisors' day of destiny arrives as Ketchell decision faces High Court test

  Deacons partner, lawyer Stephen Giles, regarded as "one of the most knowledgeable franchise lawyers in this country" believes the Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd case "should influence the High Court's decision on Ketchell v Master Education Services in the High Court today" reports The Australian, 10 June 2008.

  11 Jun 08 Stephen Giles , Mary-Anne Webb

• Deacons in the press: Franchisees may bid for Kleins

  Leading industry figure and Deacons law partner Stephen Giles is involved in efforts to convince 150 Kleins franchisees to support a deal that would prevent the carve up of the company.

  28 May 08 Stephen Giles , Mary-Anne Webb

• Deacons in the press: Kleins franchisees attempt to buy back collapsed jewellery chain

  Stephen Giles, partner at law firm Deacons, is involved in efforts to convince 150 Kleins franchisees to support a deal that would prevent the carve up of the company, reports Smart Company, 27 May 2008.

  28 May 08 Stephen Giles , Mary-Anne Webb

• Deacons in the press: Franchise: just like marriage

  The Australian Financial Review, 3 May 2008 ran a franchising feature in their Smart Money liftout and law firm Deacons contributed information for the "What to look for" section.

  5 May 08 Mary-Anne Webb

• Legal update: WA Franchise Inquiry Report released

  The Report of the Bothams inquiry into the operation of franchised businesses in Western Australia released April 28 2008 has given the franchise sector a relatively clean bill of health.

  1 May 08 Stephen Giles

• Legal update: “It should not be assumed that where there is smoke there is always fire”¹

  Conduct engaged in by high profile franchisors will, from time to time, come under attack by franchisees and service providers to the franchise industry.

  30 Apr 08 Nigel Jones , Alison Ling

• Legal update: New .au Domain Name Transfer Policy from 1 June 2008

  In last month’s Legal Update on Upcoming Changes to .au Domain Name Transfer Policy we noted that the Australian domain name administrator (auDA) had approved an implementation plan for a new policy on the transfer on .au domain name licences. auDA has now confirmed that the new policy will take effect on 1 June 2008.

  18 Apr 08 Michael Park