Securing your
Franchise business

Testimonials

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


Newhouse & Arnold Solicitors dealt with my franchise matter efficiently and with integrity. David Newhouse's experience in franchise law was exceptional. His service and fixed fee service approach was excellent. I will definitely recommend Newhouse & Arnold Solicitors to my family and friends, and I look forward to use his service again for my next franchise purchase.
Tom Rusli, Crust Franchisee


I take this opportunity to thank Newhouse and Arnold Solicitors Franchise Lawyers for your diligence during the whole franchise business purchase, especially when things started to go "wrong" pre-settlement. Your services have been excellent and extremely cost efficient. I will definitely recommend your services to friends and relations.
Ludovic Laporte


After engaging and dismissing numerous solicitors over the last ten years, we have finally found 'our solicitor' in David Newhouse. David is thorough, efficient and above all communicates freely in simple language. In a recent purchase of a franchise, we suddenly found a minefield of potential risks expose themselves. David calmly collected all the information and laid out our options clearly. He kept us fully informed of changes in the situation at all times.
Alan Popely & Janita Rankin, Howards Storage Franchisee


I would not hesitate to recommend your firm. Having been in a difficult situation with the Franchisor, your advice and guidance was instrumental in identifying an exit strategy and enabling me to execute it quickly and efficiently.
Nigel Hall


Legal News

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...
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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...
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How Safe is Your Franchise Territory?
An article in the July edition of Business Franchisor asks the question - How safe is your Franchise territory? This is useful information for any franchisee or anyone looking at buying a franchise business.
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Selling a Franchise
Franchisees intending to sell their franchise business need to request a copy of the Franchisor’s policies and selection criteria.
read more...

Hungry Jacks settle out of court over failed franchise
The franchisee, Ms Collins, argued that Hungry Jacks had failed to give her the training and support that had been promised when she took over the franchise. Unconscionable and unfair conduct issues were raised as it was argued that Hungry Jacks had made misrepresentations to the franchisee prior to signing the franchise agreement.
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
get map/directions
send an email
Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs
Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs

Franchise Lawyers Sydney - Newhouse & Arnold

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

Why Newhouse & Arnold Solicitors are different?

Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs

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 gives our team of lawyers real franchise experience and we understand 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 Newhouse & Arnold's Franchise Lawyers on 02 9922 1100.

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

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 Franchising Lawyer?
  4. Franchising Agreements & The Code
  5. Breaches, Termination and Disputes

Franchise Lawyers | Franchise Law | Sydney | North Sydney | Eastern Suburbs Make an enquiry Book an appointment Click here to make an enquiry

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