Diary the 21 days after a written notice of dispute
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the notice, record the date, whether it states the nature of the dispute, the outcome wanted, and what action will settle it, and where the franchisee's business is based. Count 21 days. Do not write the notice, and do not choose mediation, conciliation or arbitration.
- What the lawyer must review
- The lawyer decides whether the notice is the Code's first step and writes it. If the parties cannot agree within 21 days, they follow the process in the Code or the agreement. Either party may choose which process. Arbitration is available only if both parties agree in writing. Once a dispute is raised, both must attend and try to resolve it. In mediation, conciliation or arbitration each party pays about half the costs of the process unless they agree otherwise, and each pays their own costs of attending. A franchisor cannot make a franchisee resolve the dispute outside the state or territory where the franchisee's business is based, or outside Australia. The lawyer writes the notice. This is not a position paper.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The notice states the nature of the dispute, the outcome wanted, and the action that will settle it.
- The 21 days run before the Code or agreement process. Either party may choose that process.
- Arbitration needs a written agreement. The dispute is not fixed outside the franchisee's state or territory, or outside Australia.
Sources
- ACCC, resolving franchising disputes · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
The Code instrument and the arbitration procedure were not opened. Do not describe steps that the page does not set out.
Related tasks
Draft or review a franchise disclosure document against the prescribed headingsCheck the franchisor's disclosure and any registration the jurisdiction requiresDraft or review a franchise agreement from the disclosure and the term sheetBuild a franchisee due-diligence issues list from the disclosure pack