Sydney's leading
Franchise Lawyers

Testimonials

I was faced with a difficult position in dealing with a Franchisor who was threatening “nuclear war” in relation to a dispute. I originally contacted a local solicitor who was clearly not competent in this area of the law. I subsequently contacted David Newhouse who is an accredited specialist in Business Law and is also a specialist in franchise law. His knowledge and skills in assisting in the resolution of the case through mediation were exemplary. He gave me top notch advice. Thank you
It gives me pleasure to provide this testimonial for David Newhouse of Newhouse and Arnold Solicitors. David L.


David Newhouse and the team at Newhouse & Arnold Solicitors assisted me in selling my franchise business, Snap Printing. David’s experience in franchising law and business law, along with his attention to detail and commercial mind, made selling my franchise business a hassle-free experience. I would not hesitate in recommending David and Newhouse & Arnold Solicitors to other franchisees who are contemplating selling their franchise business.
Jon Piro, Snap Printing Franchise


We had a franchise dispute that Newhouse & Arnold Solicitors assisted in. David Newhouse is well-versed in franchise law and I would recommend him to anyone who is looking for a franchise lawyer. He helped us enormously with our franchise business.
Jai Singh, Oporto


Newhouse & Arnold Solicitors’ franchise lawyers made the entire process of purchasing a Jetts Fitness franchise an easy and enjoyable experience. In particular, Nick Birbas offered timely and sound legal advice and he was available to answer my questions and guide me through the process. I would not hesitate in recommending Nick and his team to anyone who is considering purchasing a franchise business.
Paul Chidzero, Jetts Fitness


Dianne Hoare, ex Franck Provost Franchise
Dianne Hoare, ex Franck Provost Franchise


Legal News

ACCC becomes a real franchise regulator
David Newhouse, Newhouse & Arnold Solicitors Franchise Lawyer states "The Franchisor, South East Melbourne Cleaning Pty Ltd was fines last week $500,000 for breaching the Australian Consumer Law and Franchising Code of Conduct"
read more...

ACCC to receive strengthened powers to enforce the Franchising Code
The ACCC has issued an urgent release for franchisors and franchisees ...
read more...

Franchisees commence Class Action against Pizza Hut
Over 80 Pizza Hut franchisees have commenced a class action against Yum! Restaurants Australia (the Franchisor) who are the parent company of Pizza Hut....
read more...

Law Society of NSW: How safe is your franchise territory? The courts have decided.
The courts have recently discussed the importance of a franchisor protecting their franchisee’s territorial rights in an exclusive territory...
read more...

When you sign up for a territory with exclusivity can you be sure your franchisor will protect these rights?
Nick Birbas comments on a franchise law decision from a case he recently ran, relating to franchisee territorial rights in an exclusive territory...
read more...

Location

McMahons Point (Head Office)
23A King George Street,
McMahons Point NSW 2060
Phone: 02 9922 1100
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Bondi Junction (Branch)
Suite 14, Level 2, 51-53 Spring Street
Bondi Junction NSW 2022
Phone: 02 9922 1100
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send an email
Franchise Lawyers Sydney Franchise Lawyers Sydney Franchise Lawyers Sydney
Franchise Lawyers Sydney

Franchise Lawyers Sydney

Buying a franchise business is probably the largest financial decision you will ever make.  At Newhouse & Arnold Solicitors we have an experienced team of franchise lawyers who really understand how franchise businesses work.  Our franchise lawyers are also accredited specialists in business law by the Law Society of NSW.  

What make us different from other lawyers?

Most law firms believe they can assist franchisees, however our team of franchise lawyers have either owned and run a franchise business in Sydney or have been extensively involved in franchise litigation (see latest news for some recent decisions).  This means that each franchise lawyer can advise you on what questions you need to ask the franchisor, what things to look out for in the franchise agreements, how to treat the franchisor’s “profit models” and how to point you in the right direction before you make the decision to buy a franchise.

We do not charge for the first meeting and will offer you a fixed fee service, so there are no hourly rates which only rewards slow lawyers!  A fixed fee service allows you to ask as many questions as you like throughout the process.  After the first meeting we will give you a list of things to do so you can understand how your franchise business actually works, possible and real risks and give you advice around the best structure for you to buy your franchise.

Of course, we will also work closely with your accountant and financial/business advisors to ensure that you understand the franchise business that you are buying.

If you are considering buying a franchise or have concerns about your franchise business, contact a franchise lawyer at Newhouse & Arnold on 02 9922 1100.

Have you been given a “preferred” solicitor by the agent?

Franchise Lawyers Sydney

Your agent may refer you to a “preferred” solicitor, explaining to you that this lawyer has acted for other franchisees.  We would advise you to be cautious in engaging a “preferred” solicitor, as there is a question as to their independence – are they working for you or the agent, or both?  If they give advice outlining the risks of buying the franchise, will they get more referrals from the agent?  Does the “preferred” solicitor look at each franchise agreement afresh?  Has the “preferred” solicitor ever dealt with a breach notice or termination notice?   What franchise litigation have they been involved in?  Are they willing to negotiate and ensure that the elements of the Franchising Code is adhered to in your franchise agreement?  Most importantly, why is the agent giving you a “preferred” solicitor, when they work for the franchisor?

It is worth an hour of your time, at no cost, to meet with an experienced franchise lawyer to discuss the franchise business you are about to buy.

How does a Franchise Lawyer help you?

Franchising is a form of licence by which the owner (Franchisor) of a product or service obtains distribution through affiliated dealers (Franchisees) and the holder of this right usually is given exclusive access over a defined geographical area.

Newhouse & Arnold Solicitors' franchise lawyers can provide assistance for a range of legal matters related to Franchise Law, including advice on:

  • Franchise disclosure documents, leases and franchise agreements.
  • The Trade Practices (Industry Codes - Franchising) Regulations or "Franchising Code"
  • Breach notices issued under franchise agreements
  • Litigation claims under the Competition and Consumer Act
  • Royalties, levies and other payments
  • Commercial leases and licences 
Newhouse & Arnold has been involved in common franchising disputes, including:
  • Misrepresentations by franchisors as to earnings, profit and loss, disclosure documents
  • Unconscionable conduct in the lead up to signing the franchise agreement
  • Breaches Notices under franchise agreement
  • Failure by a franchisor to comply with disclosure requirements under the Trade Practices (Industry Codes - Franchising) Regulations 1998
  • Terminations under franchise agreements
  • Selling "unauthorised products"
  • Franchisor "stepping-in" powers
  • Sale of Franchise to third parties, with onerous additional contractual requirements placed on an incoming purchaser.
  

More information & FAQ's about Franchise Law

More Information:

Read more about Franchising:
  1. What is Franchising? The Pros and Cons
  2. Doing Your Homework
  3. Why do you need a Franchise Lawyer?
  4. Franchising Agreements & The Code
  5. Breaches, Termination and Disputes

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Contact us to arrange a consultation with one of our experienced franchise lawyers.