Lawyer NSW

Franchise Lawyer

Lazarus Legal’s franchise lawyer team advises Sydney franchisors and franchisees on agreement drafting, disclosure compliance, and dispute resolution.

Speak to a lawyer this week

Send us a few details and we’ll be in touch.

What Is A Franchise Lawyer, and When Do You Need One?

A franchise lawyer advises on the legal rights, obligations, and risks that arise when buying, selling, or operating a franchise business in Australia. In practice, that means reviewing agreements before you sign, ensuring your system meets disclosure obligations under the Franchising Code of Conduct, and resolving disputes when the franchisor-franchisee relationship breaks down.

At Lazarus Legal, our franchise lawyers regularly assist Sydney franchisors and franchisees with the following scenarios:

You're reviewing a franchise agreement before signing

A franchisor has given you a disclosure document to assess

You want to understand your renewal or exit rights

A dispute with your franchisor has escalated beyond informal resolution

You're a franchisor building out your franchise system from scratch

Your franchise agreement is up for renewal and the terms have changed

You're buying an existing franchisee's business from a third party

A franchisee has breached the agreement and you need to act

Legal Services for Franchisors & Franchisees

Franchise law covers both sides of the relationship. Whether you’re building a franchise system or buying into one, the legal work looks different depending on where you sit. Here is what Lazarus Legal does for each.

Service What We Do for Franchisors What We Do for Franchisees
Agreement Drafting and Review Draft agreements that protect your IP, set clear obligations, and give you enforceable remedies for breach Review the agreement before you sign, translate obligations into plain terms, and flag clauses that carry commercial risk
Disclosure Documents and Regulatory Compliance Prepare compliant disclosure documents under the Franchising Code of Conduct and keep them updated as your system evolves Review the disclosure document you've been given, cross-check it against the agreement, and identify gaps or inconsistencies
Due Diligence Assist with the legal aspects of onboarding new franchisees, including reviewing existing agreements or encumbrances they may bring Assess the legal health of the franchise system: existing litigation, territory restrictions, franchisee turnover, and financial assumptions
Dispute Resolution and Mediation Advise on termination procedures, mediation obligations, and enforcement when a franchisee breaches the agreement or the relationship breaks down Advise on your rights where a franchisor is acting outside the agreement and represent you through mediation or litigation

Meet Your Franchise Lawyer Team

Barry Lazarus

CEO, Notary Public

Barry has advised commercial clients across every stage of the business lifecycle for over 50 years, bringing deep expertise in the contractual and regulatory frameworks that underpin franchise arrangements.

Mark Lazarus

Director, Principal Solicitor

Mark’s background advising founders and growth-stage businesses gives him a practical understanding of the commercial pressures on both sides of a franchise relationship, from system-building franchisors to operators looking to scale.

Chen Gabay

Associate Lawyer

Chen’s experience in fund management, compliance, and venture capital informs her approach to franchise due diligence and regulatory compliance, particularly for clients entering or expanding within structured commercial arrangements.

What Businesses Say About Lazarus Legal

Matt Lazarus
“The team at Lazarus legal are number one for anything to do with franchising, intellectual property or fast moving consumer goods licensing deals. They have helped me on several occasions with my different businesses. And their advice and assistance was priceless. Thanks, team.”
Popipro

“We were exploring the possibility of setting up a company in Australia for our Popipro franchise, and Mark Lazarus and his team at Lazarus Legal were instrumental in guiding us through the process. Their expertise and dedication ensured we fully understood the requirements and made an informed decision. Thank you.”

Consult a Franchise Lawyer Before Signing

Our Franchise Lawyer Team Answers Your Questions

What are the legal requirements for a franchise in Australia?

Franchising in Australia is governed by the Competition and Consumer (Industry Codes – Franchising) Regulations 2024. The Franchising Code of Conduct is a mandatory code that regulates the franchising industry in Australia. Key obligations include providing a compliant disclosure document to prospective franchisees, acting in good faith in business dealings, and registering on the Franchise Disclosure Register.

Franchisors must also keep records of documents provided to franchisees for six years, ensure franchisees have a reasonable opportunity for a return on investment, and comply with rules regarding significant capital expenditure. Both franchisors and franchisees must also comply with the Australian Consumer Law under the Competition and Consumer Act 2010.

Who is legally responsible for a franchise?

Both parties carry legal responsibility, but the nature of that responsibility differs. The franchise agreement is a contract, and when a franchisor or franchisee fails to follow it, this may constitute a breach of contract. Franchisors are responsible for disclosure obligations, good faith conduct, and compliance with the Franchising Code. Franchisees are responsible for operating the business in accordance with the agreement and meeting their financial and operational obligations. Where a franchisee is a company, directors may also carry personal liability depending on how the agreement is structured.

How much does it cost to hire a franchise lawyer in Sydney?

Costs vary depending on the scope of work. A disclosure document review or agreement review for a franchisee will generally cost less than drafting a full franchise system for a franchisor.

At Lazarus Legal, we offer fixed-fee arrangements for work with clearly defined scope and flexible billing structures for more complex tasks. Learn more about how lawyers charge or contact us for a quote specific to your situation.

How do you resolve a franchise dispute in Australia?

Start by issuing a written notice of dispute to the other party. The parties then have 21 days to resolve the matter directly. If that fails, either party can refer the dispute to the Australian Small Business and Family Enterprise Ombudsman, who will appoint a mediator. Attendance is compulsory once referred. If mediation does not resolve the matter, court proceedings are an option. Arbitration is also available, but only if both parties have agreed to it in writing.

How do you get out of a franchise agreement in Australia?

It depends on where you are in the agreement. Your options are:

  • Within 14 days of signing: exercise your cooling-off rights and exit with a refund
  • After that: check whether the agreement contains an exit clause or transfer rights
  • If the franchisor has breached the agreement: termination may be available at general law
  • At any point: propose an early termination to the franchisor under section 54 of the Franchising Code, though they are not obliged to agree

Franchisees have limited unilateral exit rights. Get legal advice before taking any step.

Picture of Mark Lazarus
Mark Lazarus

Principal Solicitor, Director, Lazarus Legal

Mark Lazarus is a Director at Lazarus Legal, admitted to practise in New South Wales and England and Wales. His background advising founders, growth-stage businesses, and companies entering the Australian market gives him a practical, commercial perspective on franchise agreements, structuring, and compliance that goes beyond the legal documents.

Page Published: 18 June 2026