5 min read
Assignment vs. Novation: What's the Difference?
Assignment and novation are two methods of transferring contractual rights or obligations from one party to another....
Yes, we're lawyers, but we're also franchise specialists. We've been working in the franchise industry for over 40 years, and franchising is what we do.
You could buy templates online, have a non-specialist lawyer draft your documents, use a consultant, or enter into a franchise agreement without getting advice from a specialist, and things might be fine.
But we see too many people who've taken these shortcuts where things haven't been fine. When the "template franchise agreement" doesn't cover what it needs to, or the lawyer who drafts your documents doesn't really understand franchising, or the "franchise consultant" outsources most of the work to people you never meet, or the guarantee that the franchisor gave you wasn't a guarantee at all, or the financials you were given turned out to be bogus, or you've agreed to things you didn't know you'd agreed to...
What we hear the most then is "if only we'd seen you before".
Sometimes you just need a specialist on your team to provide support or share experience, so that you can make long-term decisions that are really the best for you and your business.
Stephen is one of Australia’s leading franchise lawyers, having acted for clients in the franchise industry for over 40 years. Not only that, he has extensive commercial experience in franchising.
While serving 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 across 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 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.
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 of small franchise business units.
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. Her submission to the 2018 inquiry into the operation and effectiveness of the Franchising Code of Conduct helped to enact changes in that 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' Organization and a Regional Director of the Entrepreneurs' Organization APAC Region. Ana also holds a bachelors degree in economics.
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