Don’t Confuse These Two - Franchise Lawyers & Franchise Consultants (because they get it wrong themselves!)

Published by Bane Legal Services — Australia’s Trusted Legal Matchmaker for Franchisors

Franchising in Australia is big business — with more than 1,200 franchise systems contributing over $184 billion annually to the economy. But behind every successful franchise lies the right professional advice at the right time.

If you're stepping into franchising, whether as a franchisor or franchisee, two names will come up early: franchise lawyers and franchise consultants. Their roles are often misunderstood — and assuming one can do the job of the other can lead to expensive mistakes, delays, or compliance issues.

At Bane Legal Services, we connect clients with the right commercial and franchise lawyers — not consultants — but we know how both professionals contribute to your franchise journey. At Bane Enterprises, we perform the strategic and commercial work to launch your franchise. Here's what you need to know.

Why This Matters

Australia’s franchising sector operates under a complex legal framework, governed by the Competition and Consumer Act 2010 (Cth) and the Franchising Code of Conduct. These laws impose strict obligations on franchisors, and failure to comply can lead to serious consequences — including regulatory action from the ACCC, litigation, or reputational damage.

With recent updates to the Code, including stricter disclosure obligations and stronger dispute resolution rules, understanding the difference between legal and strategic advice isn’t optional — it’s critical.

What Does a Franchise Lawyer Do?

A franchise lawyer is a qualified legal practitioner with specialist knowledge of franchise law and the broader commercial legal landscape. They’re the only professionals legally authorised to draft, interpret, or advise on franchise agreements and other legal documents.

Here’s what a franchise lawyer can help with:

Legal Documentation & Compliance

• Drafting and reviewing franchise agreements, disclosure documents, and licence agreements

• Ensuring compliance with the Franchising Code of Conduct, Australian Consumer Law, and competition law

• Assisting with your franchisor profile on the Franchise Disclosure Register

Intellectual Property Protection

• Trademark registration

• IP licensing arrangements

• Enforcing your rights across the franchise network

Dispute Resolution

• Representing you in mediation, arbitration, or court proceedings

• Responding to regulatory investigations

• Managing franchise terminations, breaches, and claims

Responding to Regulatory Change

• When franchising laws change, lawyers can help implement updated compliance systems, ensuring your franchise network stays on the right side of the law.

It's important to realise that a franchising lawyer is just that - a lawyer. We have noticed of late several franchising lawyers trying to advise the public on how to establish a franchise but falling several miles short of the commercial, strategic, human and financial considerations a seasoned franchising consultant will innately understand.

What Does a Franchise Consultant Do?

A franchise consultant provides business and operational advice. They're not legally qualified and cannot give legal advice — but the best franchise consultants play the most vital role in shaping the success of your franchise model and strategy.

Here's what a consultant typically delivers:

Business Model Development

• Designing a scalable franchise system

• Conducting market feasibility studies

• Advising on fee structures and royalty models

Operations & Systems

• Creating franchise manuals, training programs, and procedural documentation

• Standardising systems for consistency across franchise locations

Financial Analysis

• Building financial models and unit economics

• Helping you assess the profitability of your franchise offer

Marketing & Branding

• Developing brand positioning, marketing collateral, and support systems for franchisees

Franchise Consultants come in all shapes and sizes and with a variety of approaches to the ethics of franchising. Some are cheap and dirty, others provide real value. Be careful who you engage!

Where Franchise Lawyers and Consultants Work Together

While their roles are distinct, lawyers and consultants often collaborate — especially when launching a new franchise system.

For example:

• A consultant may help you develop your franchise model and operations.

• A lawyer then ensures your documentation complies with the Franchising Code and protects your interests.

It’s a powerful partnership — as long as the lines between legal and commercial advice remain clear. These roles are not interchangeable!

 When to Call a Franchise Lawyer vs a Consultant

Your consultant always comes first when starting a franchise. Going to a lawyer first is a bit like putting gravy on an empty plate. It would be much better with the main course!

How Bane Legal Services Can Help

Bane Enterprises in partnership with Bane Legal Services can help you generate wealth for aspiring franchisors and their franchisees.

At Bane Legal Services, we don’t provide legal advice — but we know who does it best.

With over 30 years of commercial experience, we act as your legal matchmaker, connecting you with franchise lawyers who:

• Have real expertise in the Franchising Code, disclosure requirements, and ACCC compliance

• Provide independent advice tailored to your business goals

• Work collaboratively with your other advisors — without compromising your legal protection

We only work with reputable, balanced, and experienced legal professionals — and we’ll connect you with the right one for your situation.

Final Word

Franchise lawyers and consultants both have a place in your franchising journey — but they’re not interchangeable. Knowing who does what (and when to call them) can save you time, money, and serious legal headaches.

Looking for the right franchise lawyer for your next step?

Contact Bane Legal Services — and let us connect you with a trusted legal professional who knows franchising inside out.

Disclaimer: Bane Legal Services is not a law firm and does not provide legal advice. We help businesses connect with the right legal professionals for their needs.