Insights Whelan Lawyers – Melbourne Commercial, Franchising & Construction Lawyers

Introduction When a business owner sets out to find the best commercial lawyers in Melbourne, they are rarely chasing the longest list of qualifications. What they actually want is someone who understands the pressure of running a business: the cash flow that does not wait, the deal that has to close before quarter-end, the supplier dispute quietly costing money every week it stays unresolved. I learned those pressures from the inside. Before returning to private practice, I

Introduction A franchise relationship begins with shared ambition. The franchisor offers a proven system, an established brand, and the promise of mutual growth. The franchisee brings capital, commitment, and the day-to-day effort required to make that promise a reality. Most of the time, this arrangement functions as intended. When it does not, the consequences can be swift, significant, and deeply disruptive to both parties. Franchise disputes in Melbourne are more common t

Introduction Entering a franchise arrangement is one of the most significant commercial decisions a business owner can make. Whether you are considering purchasing a franchise, building a franchise network, or navigating a dispute within an existing system, the quality of your legal advice can shape outcomes in ways that are difficult to reverse. Yet not all commercial lawyers are equally placed to assist with franchise matters, and choosing the wrong firm can leave you expos

“Franchising made easy” is a compelling pitch; the problem is that franchising is not easy, and those who tell you otherwise are often selling something far more expensive than their initial fee suggests.

Introduction Most prospective franchisors are focused, reasonably enough, on the beginning; the first territory, the first franchisee, the first year of trading. The exit is, at best, a distant abstraction. But the decisions made at the outset of a franchise system shape the value of that system more than almost any other factor, and by the time a founder is actively preparing for sale, most of the choices that will determine the valuation have already been made. The exit is

Introduction Franchising in Australia operates under a well-developed legal regime. The Franchising Code of Conduct, which has the force of law under the Competition and Consumer Act 2010 (Cth), sets minimum standards for disclosure, franchise agreements, and the conduct of the franchise relationship. The prospective franchisor must determine the architecture of the system before the legal drafting can commence. Structure decisions, such as, how territories are defined, how r

Introduction Most prospective franchisors assume that if the business is profitable, it can be franchised. The profit-and-loss statement is healthy, the margins look sound, and the next step feels natural. What this overlooks is that franchising does not simply share the existing profit, it restructures it. The franchisor takes on new costs. The franchisee inherits a cost structure the founder never operated under. And the underlying business often needs to support returns fo

Introduction A profitable business is not the same as a franchisable one. This is the point at which many prospective franchisors stumble, they assume that because the model works in their hands, it will work in the hands of someone they have never met. The leap from one to the other is not small, and it is not bridged by enthusiasm or capital. It is bridged by evidence. That evidence takes specific forms: proven performance across multiple sites, time in the business across

Introduction For most successful business owners, franchising sounds like a natural next step. The business works, the brand has traction, and the margins look sound enough to share. What the growth plans rarely account for is that franchising is not simply an expansion strategy. It is a change in what you do for a living. The decision to franchise is often treated as a legal and financial question, and those dimensions matter considerably. But the transition that catches fou

Thinking of buying a franchise? Discover the hidden costs buried in Australian franchise agreements and how Melbourne franchisees can protect their investment.

Taking on a commercial lease represents one of the most significant financial commitments your business will make. Whether you’re opening your first café in Fitzroy, expanding your retail presence along Chapel Street, or securing office space in the CBD, the lease agreement you sign will shape your business operations for years to come.

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 represent significant changes to Australian employment law. For franchisors, the reforms deepen an already intricate web of regulatory risk. This article examines how these changes impact franchisors across Australia, with particular focus on sectors most vulnerable to these regulatory changes.

Sarah, a top-performing franchisee with 100+ five-star reviews, pivoted to a new business after her franchise agreement ended, keeping her Google Business Profile and all the reviews. The franchisor objected, but legal ownership of digital assets like online reviews and profiles wasn’t clear. This case highlights a growing legal gap franchisors must address.

Why Holding Back the Franchise Manual Could Undermine Your Entire Agreement

As a franchisor, receiving a formal Notice to Produce from the Australian Competition and Consumer Commission (ACCC) is a wake-up call you can’t ignore.

Whether you're a franchisor expanding your network, an SME seeking your first retail premises, or an established retailer negotiating a new lease, the complexity of retail lease agreements demands careful attention to detail.

When entering the franchising world, whether as a franchisor or franchisee, you'll quickly discover that professional guidance is essential.