Franchisees' Retail Premises Occupancy Models in Australia; The Rights and the Risks

22nd Annual International Society of Franchising Conference, St Malo, France, June 2008

UNSW Australian School of Business Research Paper No. 2009 BLAT 03

34 Pages Posted: 29 Jan 2009 Last revised: 26 Feb 2009

See all articles by Jenny Buchan

Jenny Buchan

UNSW Australia Business School, School of Taxation and Business Law; University of New South Wales

Bill Butcher

UNSW Business School

Date Written: June 1, 2008

Abstract

Among the most significant aspects of conducting a retail business are the costs, risks and liabilities associated with the retail site. This is the case whether a business is franchised or not, but franchising injects a further level of complexity into the concept of a retailer trading from premises. The property interests in the retail site could take one of many different forms. The diverse arrangements have a range of ramifications at law. This paper identifies the most common contract based models for franchisees legal links to retail premises in Australia and addresses issues that arise from each of these models.

Keywords: franchisor, franchisee, retail lease, sub lease, license, landlord, tenant, lessor, lessee, liquidator, New South Wales, Australia, empirical, risk

JEL Classification: G33, K11, K12, K20

Suggested Citation

Buchan, Jennifer M. and Butcher, Cyril, Franchisees' Retail Premises Occupancy Models in Australia; The Rights and the Risks (June 1, 2008). 22nd Annual International Society of Franchising Conference, St Malo, France, June 2008; UNSW Australian School of Business Research Paper No. 2009 BLAT 03. Available at SSRN: https://ssrn.com/abstract=1334336 or http://dx.doi.org/10.2139/ssrn.1334336

Jennifer M. Buchan (Contact Author)

UNSW Australia Business School, School of Taxation and Business Law ( email )

Room 2041
QUAD Building
Sydney, New South Wales
Australia
+61293851458 (Phone)

HOME PAGE: http://www.asb.unsw.edu.au/schools/Pages/JennyBuchan.aspx

University of New South Wales ( email )

Level 2, Quadrangle Building
Australian School of Business
Sydney, NSW 2052
Australia
+61 2 93851458 (Phone)

Cyril Butcher

UNSW Business School ( email )

Room 2038
Quadrangle building
Sydney
Australia
+61 2 9313 6658 (Phone)
+61 2 9313 6658 (Fax)

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