Franchise Dispute Lawyers Brisbane
Your franchise relationship has broken down. What you do next determines what you recover.
Franchise disputes move quickly and rarely improve without intervention. Terminations, non-compete enforcement, undisclosed earnings, Franchising Code breaches — the legal position is technical and the commercial stakes are real. Boyle Litigation acts for franchisors and franchisees in disputes across Queensland and nationally. Specialist commercial litigation only.
Franchise Disputes Require a Different Kind of Lawyer
Franchise relationships are built on contract, trust, and commercial interdependence. When they break down, the stakes are high and the issues move fast.
Whether you are a franchisor protecting your network or a franchisee facing a termination threat, you need litigation advice that is precise, commercial, and ready to act.
Boyle Litigation is a specialist commercial litigation firm. We do not run general legal practices. We litigate disputes and we litigate them well.
Who We Act For
Franchisors
We act for franchisors who need to enforce network standards, protect intellectual property and system integrity, and respond decisively when franchisees breach agreements or damage the brand.
Franchisees
We act for franchisees who are facing unlawful termination, being denied the benefit of their bargain, or confronted with restraint clauses that threaten their livelihood after the relationship ends.
Both sides deserve sharp legal advice. We take the side that has the better case.
Franchise Disputes We Handle
Our franchise dispute practice covers the full range of contested franchise issues, including:
Agreement Disputes
- Breach of franchise agreement (performance, exclusivity, territory, supply)
- Misleading conduct in the sale of a franchise
- Disclosure failures under the Franchising Code of Conduct
- Fee disputes, royalty underpayment, and audit claims
Termination and Enforcement
- Unlawful or wrongful termination of a franchise agreemen
- Urgent injunctions to prevent termination or protect possession
- Enforcement of post-termination obligations
- Clawback, refund, and compensation claims
Restraint of Trade
- Restraint clauses that restrict where or how you can operate after exit
- Challenges to unreasonable or disproportionate post-term restraints
- Urgent injunction relief to restrain competing former franchisees
Network and Systemic Issues
- Multi-party or network-wide disputes
- Intellectual property and branding enforcement
- Supply chain and preferred supplier disputes
- Franchisee collective action defence (for franchisors)
The Franchising Code of Conduct: What It Means in a Dispute
The Franchising Code of Conduct is a mandatory industry code under the Competition and Consumer Act 2010 (Cth). It imposes obligations on both franchisors and franchisees across the full lifecycle of the relationship, from disclosure through to termination.
In a dispute, the Code matters in three key ways:
- Procedure: The Code prescribes dispute resolution steps that must be followed. Missing them can affect your rights or your opponent's obligations.
- Substantive rights: Failures to disclose, misleading conduct in the sale process, and non-compliant agreement terms can give rise to claims under the Code and the Australian Consumer Law.
- Termination: The Code sets specific requirements for valid termination. A termination that does not comply opens the franchisor to an injunction or damages claim.
We know the Code. We know how courts apply it. We advise you on where you stand before we step into a dispute.
Why a Specialist Litigation Firm
Full-service firms handle franchise disputes as one part of a commercial practice that also does conveyancing, employment, and corporate advisory work. Their litigators are competent. But they are generalists.
Boyle Litigation litigates commercial disputes. That is the entirety of what we do. When a franchise matter becomes contested, complex, or urgent, you want a firm that thinks in litigation strategy from the first call, not one that escalates to the disputes team when talks break down.
Our approach: understand the commercial reality of your position, identify the strongest available levers, move early on procedural steps that preserve your options, and negotiate from a position of demonstrated readiness to litigate.
Urgent Action in Franchise Disputes
Some franchise disputes require immediate action. Wrongful termination, a franchisor locking you out of the system, or a competing former franchisee operating in breach of restraint, these are situations where delay has direct commercial cost.
We are experienced in obtaining urgent injunctive relief in franchise matters. We know what courts require and we move quickly when the situation demands it.
If your matter is urgent, call us directly. We act fast.
Frequently Asked Questions
Can I challenge the termination of my franchise agreement?
Yes, in many cases. A termination must comply with the Franchising Code of Conduct and the terms of your agreement. If the franchisor has not followed the required process or terminated without proper grounds, you may have a claim for wrongful termination. Remedies can include injunctive relief to prevent or reverse termination, damages, or compensation. Act quickly, as delay can limit your options.
What are my rights if I was misled when buying a franchise?
The Franchising Code of Conduct imposes pre-sale disclosure obligations on franchisors. If you were given inaccurate or incomplete information about the business, you may have claims under the Code and under the Australian Consumer Law for misleading and deceptive conduct. These claims can give rise to remedies including contract rescission and damages.
Can a franchisor enforce a restraint of trade clause after I exit?
Restraint clauses are enforceable in Australia, but they must be reasonable in scope, duration, and geographic reach. Courts assess whether the restraint goes beyond what is reasonably necessary to protect legitimate franchisor interests. If a restraint is disproportionate, it may be unenforceable in whole or in part. We advise on the strength of the restraint and what your options are before you take any step that could trigger enforcement.
Do I have to go through mediation before taking the franchisor to court?
The Franchising Code of Conduct requires parties to attempt dispute resolution through a defined process before commencing certain proceedings. There are exceptions, particularly for urgent matters where injunctive relief is required. We advise you on whether the Code process applies to your situation and how to satisfy it efficiently without surrendering any legal position.
How much does it cost to litigate a franchise dispute?
Costs depend on complexity, urgency, and the jurisdiction involved. We provide transparent cost estimates and advice on whether the likely recovery or outcome justifies the investment. We have a commercial view on dispute economics and will tell you honestly when litigation is the right tool and when it is not. We do not run matters where the costs will predictably outweigh the outcome.
Do you act for both franchisors and franchisees?
Yes. We act for whichever party has the stronger legal position and the right dispute profile for our firm. We take conflicts seriously and we will advise you whether we can act before any detailed instructions are given.
Can you act for me if I am based interstate?
Yes. Boyle Litigation acts nationally. Many franchise disputes have a national dimension regardless of where the franchisee operates. We appear in state and federal courts across jurisdictions and advise clients throughout Australia.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.