Legal
Franchising & Retail
Franchise system advisory, compliance and disputes.
Legal Advisory
Full-service commercial legal capability through Corson Fiske ILP.
Overview
How we help.
Franchising in Australia operates under a distinctive legislative regime — the Franchising Code of Conduct — that governs disclosure, conduct and dispute resolution. Franchisors and franchisees both benefit from advisers who know the Code intimately and can apply it commercially.
Corson Fiske acts through Corson Fiske ILP for franchisors establishing and operating systems, and for franchisees facing disputes or terminations. Our work also covers retail leasing and consumer law matters that affect franchise networks.
We bring both transactional and contested experience to franchise matters.
Capabilities
- Franchise system establishment
- Disclosure document preparation and updates
- Franchise agreement drafting and negotiation
- Franchise dispute resolution
- Code of Conduct compliance advice
- Retail leasing
- Consumer law compliance
- Termination and exit matters
Client Situations
When clients engage us.
The issues that bring clients through our door tend to fall into familiar patterns.
A new franchise system is being launched
Disclosure, agreements, operations manual and Code compliance all need to be put in place.
A franchise dispute has arisen
A franchisee or franchisor needs advice on a dispute, mediation or termination.
A Code breach has been alleged
Compliance issues have been raised by franchisees, the ACCC or an adviser.
A network is being restructured or sold
Multi-site franchise networks or franchisors are being restructured or sold.
A regulator has opened an investigation
ASIC, the ACCC, a state regulator or an industry body has commenced inquiries. Privileged legal counsel is required immediately.
A counterparty has breached a material contract
A significant commercial relationship has broken down and the legal options — from negotiation through to contested proceedings — need to be assessed.
Outcomes
What you can expect.
- Compliant, commercially protective franchise documentation
- Resolved franchise disputes with preserved relationships where possible
- Systems that withstand regulatory and ACCC scrutiny
- Successful system sales and restructurings
Client Success
Outcomes from recent engagements.
Indicative results from engagements within this practice area. Client details have been anonymised; outcomes reflect actual matters completed by the firm.
$15M
Dispute Resolved
Construction dispute
Acted for a property developer in a contested Security of Payment matter, achieving a $15M favourable settlement on the eve of adjudication.
Property developer
AFSL Granted
90 days
Licensing application
Prepared and lodged an AFSL application for a fintech client that was granted within ASIC’s service standard of 90 days with no requisitions.
Fintech startup
Retained TM
Bad-faith opposition
Section 62A opposition
Successfully opposed a bad-faith trade mark application under section 62A of the Trade Marks Act 1995, protecting a registered Australian consumer brand.
Consumer brand
Why Corson Fiske
Experience where it counts.
Clients engage Corson Fiske because they need advice they can act on — delivered by senior practitioners who understand both the technical detail and the commercial consequences. Every engagement is led by a partner with direct experience in complex legal matters.
Our integrated structure means tax, legal, accounting and advisory questions are resolved within a single firm. For clients operating across Australia, Asia, New Zealand or Asia, our office network in Sydney, Melbourne, Perth, Singapore and Auckland provides consistent advice across jurisdictions.
Our Approach
A refined four-phase method for every engagement.
Corson Fiske applies the same disciplined framework to every matter, regardless of scale. The phases below are not a marketing device — they are the actual structure our partners use to move clients from uncertainty to resolution.
Phase One
01
Understand
A confidential partner-led briefing to establish the facts, commercial drivers, timing pressures and stakeholder dynamics.
- Confidential scoping conversation
- Document and data review
- Stakeholder mapping
- Initial risk identification
Phase Two
02
Analyse
Structured technical and commercial analysis of every realistic option, with a clear view of risks, costs and likely outcomes.
- Technical legal and tax analysis
- Commercial modelling
- Risk-weighted options assessment
- Precedent and market benchmarking
Phase Three
03
Recommend
A written partner recommendation in plain English — not a list of caveats. We stand behind our advice and explain our reasoning.
- Clear written recommendation
- Implementation sequencing
- Stakeholder communication plan
- Contingency and fallback positions
Phase Four
04
Execute
Hands-on delivery of the agreed plan with partner oversight, regular milestone reporting and clear handback at completion.
- Implementation leadership
- Stakeholder engagement
- Milestone tracking and reporting
- Completion review and handback
Key Considerations
What clients need to know.
Engaging external advisors on any significant matter raises practical questions about scope, timing, cost and outcomes. We believe in being straightforward about each of these from the first conversation.
How engagements typically begin
Every engagement starts with a confidential initial conversation — usually 30 to 60 minutes — in which we listen to the situation, ask the questions needed to understand it properly, and share a view on whether and how we can help. There is no charge for this conversation and no obligation to proceed.
How we scope and price work
We prefer fixed-fee or capped-fee arrangements wherever the scope allows. Where the scope is genuinely uncertain — as in contested matters — we agree hourly rates upfront and provide regular fee updates against defined phases. We do not bill for internal discussions, file opening or routine administration.
Who you will work with
Every engagement is led by a partner with direct experience in the matter type. That partner remains your primary point of contact throughout. Specialist colleagues join the team where their expertise is required, but you will never be passed from person to person or find the partner you hired is no longer on the file.
How we handle confidentiality and privilege
All engagements are subject to strict confidentiality. Where legal advice is being delivered, it is provided through our incorporated legal practice and attracts legal professional privilege. We take document security, information handling and communications discipline seriously on every matter.
Get the right advice from Corson Fiske.
Confidential, no-obligation initial consultations with a partner who specialises in complex legal matters.