FRANCHISE LAWYERS
For Franchisees & Franchisors
Franchise agreement review and advice for franchisees and franchisors across the Gold Coast and Brisbane. Understand what you are signing, protect your position and plan your exit before you need one.
FRANCHISE LAWYERS FOR THE GOLD COAST AND BRISBANE
A franchise agreement is one of the longest and most one-sided commercial contracts most business owners will ever sign. It sets your territory, your fees, what you must buy and from whom, how long you can trade, what happens at renewal and what you can do when you want out. Once signed, very little of it is negotiable.
Franchising in Australia is governed by a mandatory Franchising Code of Conduct that addresses the imbalance of power between franchisors and franchisees, requires franchisors to provide a disclosure document, and was replaced by a new Code from 1 April 2025. Knowing what the Code entitles you to is half the battle; reading the agreement against it is the other half.
New Wave Law’s commercial team drafts, reviews and negotiates commercial agreements for business owners across the Gold Coast and Brisbane, with fixed fees wherever possible and plain-English advice about what the document actually means for your business. A franchise agreement gets the same treatment: every clause explained and every negotiable term flagged before you commit.
WHO WE WORK WITH IN FRANCHISING
Franchise relationships look different from each side of the table. We tailor the advice to the seat you are in.
People buying into a franchise system for the first time. We read the disclosure document and the franchise agreement with you before you sign, explain the fees, restraints and renewal terms in plain English, and flag what is negotiable and what is not.
Franchisees approaching renewal, buying a second territory, or planning to sell or exit. We check what the agreement allows, what consents you need and what it will cost, so the next step is a decision rather than a surprise.
Businesses with a model that works and a plan to franchise it. Structuring the franchisor entity, protecting the brand with registered trade marks and preparing compliant agreements and disclosure are the foundations of a system worth buying into.
Franchisors managing a network of franchisees. Agreement updates for the new Code, renewals, transfers, disputes with franchisees and the sale of the system itself all turn on the documents already in place.
LEGAL CHALLENGES IN FRANCHISING
Most franchise problems are visible in the documents before signing. These are the ones that matter most.
The franchisor must give you a disclosure document sharing key information about the franchise, but it is long, dense and written by the other side. Fees, mandatory purchases, marketing fund contributions and the franchisor's own history are all in there for anyone who reads it properly.
Whether your territory is exclusive, whether you have a right to renew, and how far a restraint of trade reaches after you leave decide the real value of the franchise. The new Code introduced rules on restraint of trade clauses and compensation for early termination, which changes how those terms should be read.
The lease may sit with you or with the franchisor, and its term, options and assignment rights rarely match the franchise agreement by accident. Leasing commercial premises is one of the most important decisions a business owner makes, and in a franchise it has to be read alongside the franchise term.
The Franchise Disclosure Register helps, but it does not negate the need for a prospective franchisee to undertake its own due diligence. Financials, the outgoing franchisee's reasons for leaving, supplier terms and the condition of the lease all need checking before the deposit is paid.
Selling a franchised business needs the franchisor's approval, the landlord's consent to assign the lease and often supplier change-of-control consents. Every one of those is a potential delay if it is not identified at the start of the sale.
HOW WE HELP FRANCHISEES AND FRANCHISORS
The same commercial, leasing and business-sale services our clients use every day, applied to the franchise relationship.
A plain-English review of the franchise agreement and disclosure document before you sign, with the terms that need negotiating clearly marked.
Evaluating the financial, operational and legal standing of a franchise business before you buy it, so hidden liabilities and outdated agreements are found before settlement.
Sale agreements and the franchisor, landlord and supplier consents needed to transfer a franchised business cleanly.
Drafting, reviewing and negotiating the lease for your franchise premises so its term and options line up with the franchise agreement.
Setting up the entity that holds the franchise so the owners are protected and the structure suits the plans for growth.
Employment contracts for franchise staff that meet Australian workplace law and the operational requirements of the system.
Book a free 15-minute consultation before you sign anything. We will tell you what is in it and what it will cost to review properly.
FRANCHISING REGULATION IN AUSTRALIA
Franchising is one of the few areas of Australian commercial law with its own mandatory industry code. These are the pieces that shape every franchise agreement.
The Code is a mandatory industry code prescribed under the Competition and Consumer Act 2010. It regulates the conduct of franchising participants toward each other and addresses the imbalance of power between franchisors and potential and existing franchisees.
A new Franchising Code commenced on 1 April 2025, with some rules applying from 1 November 2025. Changes cover disclosure of significant capital expenditure, the specific purpose fund, a reasonable opportunity to make a return on investment, compensation for early termination and restraint of trade clauses.
Franchisors must create a disclosure document to share key information about the franchise, and must create a profile and publish information on the free public Franchise Disclosure Register. The Commonwealth does not review, vet or endorse franchisor material before it appears on the Register.
Most premises sales require a deed of assignment with the landlord’s consent, and franchisor approvals, licensor consents and supplier change-of-control clauses all have to be identified early. Landlords are entitled to assess the incoming tenant, and the process can take weeks.
WHY CHOOSE NEW WAVE LAW FOR FRANCHISE ADVICE
Practical commercial lawyers who read the whole deal, not just the franchise agreement.
Fixed fees and upfront quotes, so a franchise agreement review is a known cost before you decide whether to proceed.
We walk you through the document in plain language so you know exactly what it means and why it matters before you commit.
Drafting, reviewing and negotiating supplier, service, employment, contractor and partnership agreements is the centre of our commercial practice, and a franchise agreement is read with the same discipline and the same eye for the terms that will matter in year three.
Franchise, lease, structure and tax are looked at together, with tax efficiency built into the structure from the outset rather than as an afterthought.
Accounting, financial planning and insurance sit under the same group as the legal team, which is what a franchisee weighing up a purchase actually needs.
What Our Clients Say About Us
FAQs About Franchise Legal Services
What does a franchise lawyer do?
A franchise lawyer reads the franchise agreement and disclosure document against the Franchising Code of Conduct and against your plans, then explains what you are agreeing to: fees, territory, mandatory purchases, renewal, restraints and exit. Where terms can be negotiated, they negotiate them. Where they cannot, they make sure you go in knowing that, and they line the premises lease and your business structure up with the franchise term.
What is the Franchising Code of Conduct?
It is a mandatory industry code prescribed under the Competition and Consumer Act 2010 that regulates how franchisors and franchisees deal with each other, with the stated aim of addressing the imbalance of power between them. A new Code commenced on 1 April 2025, with further rules applying from 1 November 2025, covering matters such as significant capital expenditure, compensation for early termination and restraint of trade clauses.
What is a franchise disclosure document?
A document the franchisor must create to share key information about the franchise with prospective franchisees before they commit. Franchisors must also publish information on the Franchise Disclosure Register, a free public register. Neither replaces your own due diligence: the Register itself states that it does not negate the need for a prospective franchisee to investigate before entering into a franchise agreement.
Should I have a franchise agreement reviewed before signing?
Yes. Franchise agreements are long, largely non-negotiable and heavily weighted toward the franchisor, and the cost of a review is small next to the fees and term you are committing to. A review tells you what the fees add up to, what your territory and renewal rights really are, how the restraint operates when you leave and whether the lease matches the franchise term. Bring the disclosure document as well as the agreement, because the two have to be read together.
Can you help me sell my franchise?
Yes. Selling a franchised business is a business sale with extra consents: the franchisor’s approval of the buyer, the landlord’s consent to assign the lease, and often supplier change-of-control consents. We help you identify every consent at the start, prepare the sale agreement and manage the timing so none of them stalls settlement.
How much does franchise legal advice cost?
We work on fixed fees and upfront quotes wherever we can. A franchise agreement and disclosure document review is quoted as a defined piece of work before we begin, and larger matters such as a franchise purchase or sale are scoped and quoted up front. The best starting point is our free 15-minute consultation.
Related Resources
Guides from our team for anyone buying, leasing or structuring a franchised business.
The legal due diligence checklist to work through before you buy any business, franchised or not.
Key considerations for business owners before signing a retail or commercial lease.
Company vs trust vs sole trader: choosing the structure that will hold your franchise.
GET CLEAR ON YOUR FRANCHISE AGREEMENT BEFORE YOU SIGN
Work with commercial lawyers who will read the whole deal with you. Book a free initial consultation and bring the agreement.