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Franchise Disputes
Expert Franchise Dispute Lawyer
QBM Lawyers act for franchisors and franchisees in resolving franchise disputes. We advise on disputes across all stages, including negotiation, mediation and litigation.
Our lawyers provide clear, practical advice to assist clients in managing disputes and achieving commercially appropriate outcomes.
Resolving Franchisor-Initiated Disputes
Where a franchisor identifies a breach, it will usually issue a notice requiring the franchisee to remedy the breach within a specified period. The notice should clearly set out the nature of the breach, what is required to remedy it and the timeframe for compliance.
Franchise agreements are often supported by additional documents and obligations. It is important to review these documents carefully to determine whether the notice is valid and whether the alleged breach is properly established.
Common Franchisor Complaints Include:
- Non-payment of royalties, marketing levies or other amounts
- Breaches of lease or licence arrangements
- Underreporting of revenue
- Competing or unauthorised business activities
- Failure to comply with franchise standards
- Employment-related issues that may expose the franchisor to risk
Franchisee-initiated Disputes
Franchisees may raise disputes under the Franchising Code of Conduct by issuing a dispute notice. The parties are then required to attempt to resolve the dispute within a specified period. If the matter is not resolved, either party may refer the dispute to mediation.
Mediation involves an independent third party assisting the parties to reach a negotiated outcome.
Common Franchisor Complaints Include:
- Inadequate or misused marketing contributions
- Delays in adapting to market conditions
- Supply chain issues or product-related complaints
- Insufficient training and support
- Misrepresentations by the franchisor or its agents
- Costs associated with refurbishment or exiting the franchise
When Litigation is Required
While mediation is often an effective way to resolve disputes, litigation may be required in some circumstances. Legal proceedings are typically a last resort due to the impact on commercial relationships.
In cases involving significant loss or urgency, court action, including injunctive relief, may be appropriate.
Contact Our Skilled Franchise Dispute Lawyer
QBM Lawyers advise on franchise disputes across a range of matters, including compliance with the Franchising Code of Conduct and dispute resolution processes.
For franchise dispute enquiries, please contact Megan Hanneman at meganh@qbmlaw.com.au, or Peter Muller at peterm@qbmlaw.com.au, or Justin Mathews at justinm@qbmlaw.com.au
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Facing a Franchise Dispute? Talk to Gold Coast Franchise Lawyers Today
QBM Lawyers acts for franchisors and franchisees across all stages of dispute resolution, from breach notices and mediation through to litigation where required.
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Frequently Asked Questions
A franchise dispute is a disagreement between a franchisor and franchisee relating to issues such as compliance, payments, operations, marketing obligations or termination of the franchise agreement.
You should obtain legal advice promptly. It is important to review whether the alleged breach is valid, what steps are required to respond, and the potential consequences if the issue is not resolved.
Yes, many franchise disputes are resolved through negotiation or mediation under the Franchising Code of Conduct. Litigation is generally a last resort where disputes cannot be resolved commercially.
Franchisees have rights relating to disclosure, dispute resolution and good faith dealings. The Code also provides a framework for raising and resolving disputes.
Court proceedings may be required where there are urgent issues, significant financial losses or disputes that cannot be resolved through mediation or negotiation.
Frequently Asked Questions
A franchise dispute is a disagreement between a franchisor and franchisee relating to issues such as compliance, payments, operations, marketing obligations or termination of the franchise agreement.
You should obtain legal advice promptly. It is important to review whether the alleged breach is valid, what steps are required to respond, and the potential consequences if the issue is not resolved.
Yes, many franchise disputes are resolved through negotiation or mediation under the Franchising Code of Conduct. Litigation is generally a last resort where disputes cannot be resolved commercially.
Franchisees have rights relating to disclosure, dispute resolution and good faith dealings. The Code also provides a framework for raising and resolving disputes.
Court proceedings may be required where there are urgent issues, significant financial losses or disputes that cannot be resolved through mediation or negotiation.
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©2024 QBM Lawyers. All Rights Reserved
©2024 QBM Lawyers. All Rights Reserved
For over 40 years, QBM Lawyers has delivered effective legal solutions for clients across the Gold Coast.
We understand our clients’ goals, recognise the challenges they face, and provide clear, practical advice to support their commercial objectives.
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- +61 755 74 2600
- PO Box 6344, Gold Coast Mail Centre, Bundall QLD 9726
- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
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- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved
- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved