Premises Occupancy Models for Franchised Retail Businesses in Australia: Factors for Consideration

Australian Property Law Journal, Vol. 17, pp. 143-178, 2009

UNSW Australian School of Business Research Paper No. 2009 BLAT 06

37 Pages Posted: 22 Sep 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

Abstract

Among the most significant aspects of conducting a retail business are the costs, risks and liabilities associated with the retail site. Franchising injects a further level of complexity into the concept of a retailer trading from premises. The property interests in the retail site take many different forms. The diverse arrangements have a range of ramifications at law. This article identifies the most common occupancy models for franchisees in Australia and addresses issues that arise from each.

Keywords: franchise, retail lease, premises, licence, sub-lease, compulsory acquisition, town planning, administration, insolvency, franchisor bankruptcy, Australia

JEL Classification: K11, L22, L81, M55

Suggested Citation

Buchan, Jennifer M. and Butcher, Cyril, Premises Occupancy Models for Franchised Retail Businesses in Australia: Factors for Consideration. Australian Property Law Journal, Vol. 17, pp. 143-178, 2009; UNSW Australian School of Business Research Paper No. 2009 BLAT 06. Available at SSRN: https://ssrn.com/abstract=1476117

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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