Legal Challenges to Restraint of Trade Clauses in Franchising: What Franchisees Need to Know
Restraint of trade clauses are common in franchise agreements and are designed to protect the...
Haarsma Lawyers is a specialist franchising law firm, assisting businesses to brand and grow and people to grow businesses.
We are based in Adelaide, South Australia and service businesses throughout Australia and overseas by providing both in person and online legal services.
Our extensive franchise and business experience means that we can offer you:
We pride ourselves on being efficient and approachable and we work hard to develop long-term relationships with you.
Stephen is not only one of Australia’s leading franchise lawyers, having acted for clients in the franchise industry for over 40 years, but has extensive commercial experience in franchising.
Stephen was on the board of directors of one of Australia’s largest franchise companies for over 10 years. Stephen played an integral role in developing the business from just a few franchisees to over 1,000 franchisees in Australia and New Zealand.
As a result, Stephen is in the unique position of providing advice and assistance using both his extensive business experience and his considerable experience as a franchise and business lawyer over the last 40 years.
Stephen has assisted many well known Australian brands to franchise their businesses, providing not only legal but relevant and experiential commercial advice.
Stephen is well known for his extensive knowledge of the franchise industry and he works closely with his clients to understand their commercial and business needs. He has been described as being at the “coal face” of franchising in Australia.
In addition to his commercial expertise, Stephen is an accredited mediator and a highly experienced litigator. Stephen appeared before the High Court of Australia in the leading misleading and deceptive conduct case of Yorke v Lucas [1985] HCA 65 and has acted in a number of other significant High Court cases.
Stephen is a member of the Law Society of South Australia. He has lectured in franchise law and has presented papers in contract law. Stephen was awarded Australian Franchise Lawyer of the Year in 2016 by Lawyer Monthly.
Ana has been working for clients in the franchise industry for almost 30 years.
Ana works closely with her clients to understand their businesses. This combined with her depth of knowledge and experience in franchise disputes enables Ana to tailor her advice and her approach to meet her client’s differing needs, which range from the protection of large franchise systems to the protection small franchise business units.
Ana is an accredited mediator and has also appeared as a solicitor in hundreds of mediations.
Ana has been involved in litigation at all levels of the Australian judicial system, including the High Court of Australia.
Ana was awarded the Most Influential Woman in Franchise Dispute Resolution – Australia in the APAC Businesswoman Awards 2017.
Ana has presented papers in franchise law, particularly in dispute resolution and insolvency. Ana's submission to the 2018 inquiry into the operation and effectiveness of the Franchising Code of Conduct, resulted in changes to the Franchising Code.
Ana has a commitment and passion for the business environment in which she works. She studied a Masters in Business Administration through the University of New South Wales and was a board member of the South Australian chapter of the Entrepreneurs Organisation and a Regional Director of the Entrepreneurs Organisation. Ana also holds a bachelors degree in economics.
Joseph provides assistance with commercial and ongoing franchise work. He has experience in franchise business sales, franchise grants and employment issues.
Joseph was admitted to practice in 2021.
Restraint of trade clauses are common in franchise agreements and are designed to protect the...
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