Guide
Franchise disputes
Breach, termination, mediation and litigation: what each stage involves, what it costs, and where most matters actually end.
Since 2013 · Minerva Law
162
Disputes resolved at mediation
2,880
Franchise agreements reviewed
63
Franchisor systems established
The stages
How a franchise dispute actually runs
Franchise disputes follow a defined path, and the Code puts mediation on it before any court will hear the matter.
01
The notice
Read it against the agreement, today
A breach notice must identify the breach, state what is required to remedy it and allow a reasonable period. Defective notices are common. The time to raise a defect is inside the remedy period, not after it expires.
02
The position
What the documents allow, what the conduct was
Before anything is sent: what the agreement actually permits, what the evidence supports, and what each realistic outcome is worth. Letters written before that analysis narrow your options.
03
Mediation
Where most of these end
The Franchising Code requires the parties to attempt mediation and to participate genuinely. It is confidential, comparatively fast, and the great majority of franchise disputes resolve there. Preparation is what separates a mediation that resolves from one that adjourns.
04
Interlocutory relief
When you cannot wait
Injunctions to restrain a termination, to prevent de-identification or to enforce a restraint. These are urgent, expensive, and decided on evidence prepared in days.
05
Litigation
The last resort, priced honestly
Proceedings in the Victorian or Federal courts. Longer and more expensive than clients expect, with costs recovery on a scale that rarely matches what was spent.
Download the guide
Franchise disputes
The full guide as a PDF, including the breach notice checklist and a realistic cost and timeline comparison across mediation and litigation.
Common questions
Franchise disputes, answered
Do I have to mediate before going to court?
For most franchising disputes, yes. The Franchising Code requires an attempt at mediation and genuine participation in it. Refusing to take part carries consequences.
My franchisor has issued a breach notice. What is the first step?
Read the notice against the agreement immediately and diarise the remedy period. Then get advice inside that period. The options narrow considerably once it expires.
Is a restraint of trade clause enforceable?
Sometimes. A court enforces a restraint only so far as it protects a legitimate interest. Duration, geographic reach and the scope of the restrained activity all matter, and widely drafted restraints are frequently read down.
What does a franchise dispute cost?
A prepared mediation is a fraction of the cost of litigation, and resolves most matters. We will give you the comparison in figures before you choose between them.
Can you act for me if you have acted for my franchisor?
No. Conflicts are checked before any engagement is accepted, and the firm never acts on both sides of the same matter.
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Next step
In a dispute, or about to be?
The earlier we see the documents and the notices, the more options you still have.