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We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appointed to Commonwealth Government legal services panel August 19, 2019

Monday 19 August 2019 The strong growth of Maddocks in Canberra has been given a further boost by the firm’s appointment to the new Commonwealth Legal Services Panel. The Commonwealth Attorney-General’s Department announced the successful … Continued

Latest Article

Can you avoid an arbitration agreement for ‘convenience? August 22, 2019

Disputes arising from construction and infrastructure projects typically involve multiple contractual relationships, often triggering separate disputes between principal and head contractor, principal and superintendent and head contractor and subcontractor (amongst others). While the most efficient … Continued

Ten recommendations from the Senate Inquiry into franchising that had us scratching our heads

Following extensive public hearings across Australia, hundreds of submissions, a High Court challenge and several extensions, the Parliamentary Joint Committee on Corporations and Financial Services recently released its findings into the franchise sector.  There appears to be, at the core of many of the recommendations, a desire on the part of the Committee to alter the balance of power between franchisors and franchisees.

Given the evidence provided by many franchisees to the Committee this is to be expected and, in fact, may be a desirable outcome as it will remind the industry that its success is driven by the mutual success of all stakeholders in the relationship – including, franchisor, franchisee, landlord, financiers and suppliers. However, in looking to rebalance the franchisor-franchisee relationship, the Committee may have swung the pendulum too far, as what comes through the report is the need for franchisors to underwrite the success of franchisees and that if they do not do so and a franchisee fails, then the franchisor is implicitly at fault or has conducted themselves poorly or even unlawfully.  Where this sentiment appears to have driven some of the recommendations in the report, then they are likely to be flawed.

Partners Shaun Temby and Greg Hipwell have written an article that considers 10 of the more contentious recommendations and provide insights into what could be done instead.

Download the article 

Following extensive public hearings across Australia, hundreds of submissions, a High Court challenge and several extensions, the Parliamentary Joint Committee on Corporations and Financial Services recently released its findings into the franchise sector.  There appears to be, at the core of many of the recommendations, a desire on the part of the Committee to alter the balance of power between franchisors and franchisees.

Given the evidence provided by many franchisees to the Committee this is to be expected and, in fact, may be a desirable outcome as it will remind the industry that its success is driven by the mutual success of all stakeholders in the relationship – including, franchisor, franchisee, landlord, financiers and suppliers. However, in looking to rebalance the franchisor-franchisee relationship, the Committee may have swung the pendulum too far, as what comes through the report is the need for franchisors to underwrite the success of franchisees and that if they do not do so and a franchisee fails, then the franchisor is implicitly at fault or has conducted themselves poorly or even unlawfully.  Where this sentiment appears to have driven some of the recommendations in the report, then they are likely to be flawed.

Partners Shaun Temby and Greg Hipwell have written an article that considers 10 of the more contentious recommendations and provide insights into what could be done instead.

Download the article