Franchising Law

Building a successful franchise network requires legally sound documentation, transparent disclosure and ongoing compliance with the Franchising Code of Conduct.  We help you protect your brand, establish robust franchise systems and manage your network with confidence.

Investing in a franchise is a significant commitment that deserves independent legal scrutiny before you sign.  Whether you are considering a franchise opportunity or facing challenges within an existing arrangement, we ensure you understand your rights and protect your investment.

Negotiating parenting arrangements after separation can be an emotional and stressful experience, and can raise a number of (often complex) questions, such as:

In our experience, reaching an agreement outside of Court helps to preserve the parenting relationship that separated parties continue to share in the years after their matter has ended. This in turn has significant immediate and long-term benefits for their children. We acknowledge and understand the emotions that come with separation and we assist our clients to maintain a child-focused approach to their case, to ensure they achieve the best possible outcome for their children.

In cases involving urgency, child-welfare concerns or family violence, mediation or negotiation may not be appropriate. If litigation is necessary, we will guide you through the Family Court process. In most cases, an agreement is reached at some stage in that process, without the need for a contested trial.

The financial support of children can create difficulties for many people after the breakdown of their relationship. In most cases, child support will be determined by the Department of Human Services (formally the Child Support Agency) once a parent makes an application for a child support assessment.

Parents also have the ability to enter into a formal or informal private agreement about how child support payments will be made. These agreements offer a high degree of flexibility and can cover costs that may be outside the scope of usual child support assessment, including fixed or ongoing expenses such as school fees, health insurance or extra-curricular activities.

They also enable parents to agree a periodic child support amount that is different to their child support assessment.

Because they are private, it is usually essential for both parties to obtain independent legal advice about the agreements, before they sign. We have extensive experience in preparing and advising on private child support agreements.

A Binding Financial Agreement (sometimes referred to as a BFA or ‘pre-nuptial agreement’), can be made by de facto and married couples at any time before, during or after separation.

Financial Agreements are becoming an increasingly popular method of asset protection and estate planning. They are the best (and only) means of defining how joint and separate property will be divided between parties during the relationship, or before a separation occurs.

They are commonly used by couples entering into a second marriage, those who have an interest in a business, or with children from an earlier relationship, to protect their personal property and their children’s inheritance.

The effect of entering into a Financial Agreement is generally to prevent either party from later making an application for property settlement in the Family Court. Because Financial Agreements are not reviewed by the Family Court, both parties must obtain independent legal advice about the effect of the Agreement on their rights, and the advantages and disadvantages, at the time the Agreement is made, of entering into it.

The consequences of signing a Financial Agreement are significant. Proper preparation of the Agreement and comprehensive legal advice are essential to protect the agreement against any future challenge.

Our Family Law Team has significant experience in the preparation of Financial Agreements (both simple and complex) and the provision of advice in relation to Agreements prepared by other solicitors.

Family Mediation is an important tool to use following a separation. Our Perth Family Mediation service have extensive networks with a broad range of different mediators, all of whom have different strengths and approaches. This means we can tailor our family mediation process to meet your particular needs.

In most parenting disputes, parents must attend Family Dispute Resolution before making an application to the Family Court of Western Australia. Parents can utilise government funded Dispute Resolution services at Relationships Australia or Anglicare, or can elect to engage a mediator privately. When both parties participate in the process, mediation can be a highly effective way of resolving a dispute entirely, or at the very least, narrowing the issues in dispute, before Court action is taken.

If both parties are legally represented in a property settlement matter, in most instances they will be strongly encouraged to attend our Mediation-Style Conference, either before starting proceedings in the Family Court, or after the first hearing of the Application.

A Mediation-Style Conference is a half or full-day mediation attended by the parties, their lawyers and a qualified Mediation Chairperson. All participants should prepare for the mediation to maximise the prospects of a successful outcome.

Mediation-Style Conferences can be a highly effective means of reaching a settlement (in relation to property settlement and / or parenting) outside of Court.

Adoption is the legal process by which a child ceases to be the legal child of his or her birth parents and becomes instead the child of the adoptive parents, as if born to them.

We can help you with the process of adoption, which is relatively straightforward.