Are You Having a Dispute?

We are dedicated to achieving the fastest and most cost-effective resolution for your dispute. We have undertaken many negotiations on behalf of our clients who are in conflict.

We have attended many successful mediations and believe in reaching outcomes without resorting to the expensive and time-consuming court process.

The Franchising Code of Conduct outlines a dispute resolution process that must be included in a Franchise Agreement. It provides that a party to a Franchise Agreement, who has a dispute with another party, may follow the procedure set out in the Code.

The procedure involves notifying the other party in writing of:

1. the nature of the dispute;

2. what outcome the complainant wants; and

3. what action the complainant thinks will resolve the dispute.

The parties are then obliged to try to resolve the dispute. If they cannot resolve the dispute within 3 weeks, then either one of them may refer the matter to an alternative dispute resolution practitioner and, if they cannot agree upon an alternative dispute resolution practitioner, they may request the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) to appoint an alternative dispute resolution practitioner for them.

The Code then goes some way to determine how the alternative dispute resolution process will be conducted.

We act for many franchisors and franchisees in the dispute resolution process We will meet with our client to take instructions and to identify the matters in dispute and potential breaches of the Franchise Agreement, Franchising Code of Conduct and applicable legislation. We will then gain an understanding of the loss our client has suffered (if any) and what resolution our client hopes to achieve. From that point, we will draft the notice of dispute. These notices are often very long due to the contents and applicable case law and legislation.

We will then serve this upon the other party and act in the negotiations between the parties to attempt to resolve the dispute. If those negotiations are not successful, then either party may refer the matter to the alternative dispute resolution process to obtain assistance in resolving a dispute.

The alternative dispute resolution process is often highly successful in helping the parties reach resolution.

Please feel free to contact us for an obligation-free discussion about your legal needs.