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Anna Trist

Special Counsel
Fax +61.3.9205.2055

Ms. Trist is a senior corporate and commercial lawyer. Her particular focus is on franchising and licensing arrangements, disputes, and compliance. Ms. Trist's clients include numerous well-known Australian and international companies. She assists them with sensible legal and commercial solutions to franchising issues and general commercial advice. She has worked closely with franchisors, master franchisees and franchisees of almost 250 different franchising systems across a broad spectrum of industries.

Ms. Trist has an in-depth understanding of Australian franchising regulation and compliance. Her franchising experiences ranges from documenting new franchise systems and converting existing businesses to franchisees, assisting existing franchise systems with their commercial issues and assisting franchising parties to resolve disputes through negotiation and mediation. Ms. Trist's experience in the different levels of franchising has enabled her to understand it from the point of view of all parties and to provide sensible and practical commercial advice.

Ms. Trist collaborates with her clients to provide strategic commercial advice that assists her client's with sensible commercial solutions to their legal and business problems. Her breadth of experience across franchising issues at all levels and numerous industries has provided her with a unique set of skills and invaluable insight into commercial issues within the franchising sector, and the practical application of the legal advice she provides to her clients.

She has often presented on legal issues in franchising and general business transactions and has written numerous articles on the topic. Ms. Trist is a regular attendee at both the Franchise Council of Australia and other franchising industry events.

Professional Background

Ms. Trist was previously a lawyer at a full service corporate law firm that focused on franchising in a commercial and litigious context between 2005 and 2008. She also worked at a boutique city law firm focusing on litigation from 2004 to 2005.

Speaking Engagements

Ms. Trist regularly presents seminars and training which is aimed at new staff engaged by franchisors with little previous franchising experience or who are looking to update their skills. Ms. Trist has also presented on franchising and the sale/purchase of business each year at careers fairs for local councils and community groups.

Additional Information

  • "Australia" International Franchising, Centre for International Legal Studies, JURIS, 3nd edition, 2012
  • "Australia" International Franchising, Centre for International Legal Studies, JURIS, 2nd edition, 2011
  • "Australia" International Franchising, Centre for International Legal Studies, Yorkhill Law Publishing, 2010
  • Acted in the conversion of Godfreys franchises and Mail Plus franchises to a new agreement. Anna acted for the Telco in a Box franchisee council (including advising several Telco in a Box franchises individually) when the franchisor sought to move the network to a new agreement.
  • Acting for the franchisor Crunch Fitness when it bought its business to Australia and established the Back to Sleep and Football Star Academy franchises.
  • Advising on the conversion of existing businesses to franchises and establishing new franchises (including structuring and asset protection of franchise systems). This generally involves meeting with businesses that wish to turn their business or concept into a franchise and assisting them with all appropriate documentation and advice to do this, including training relevant staff and setting up relevant internal processes and procedures.
  • Providing advice to businesses which do not wish to be subject to the Franchising Code of Conduct. This involves compliance advice, and can involve amending existing documentation and processes to ensure that an arrangement is not a franchise.
  • Drafting and reviewing franchising documentation and ancillary commercial documentation. This occurs primarily in the context of updating franchise documentation for existing systems, updating franchise documentation used overseas for use in Australia and advising master franchisees and franchisee on franchise documentation they are being asked to sign.
  • Assisting franchisors with the roll out of their existing and new systems, including roll outs to change business culture and the management of high-volume conversions of existing franchisees to a new platform. Ms. Trist has managed a number of roll outs (from the drafting of new documentation to the conversion and sign up of systems with over 220 franchisees). She has also advised franchisee groups regarding roll outs and negotiated amendments to the franchise documentation on their behalf.
  • Advising on the resolution of franchising disputes through negotiation and mediation, including the drafting of breach, termination and dispute notices. Ms. Trist has assisted franchisors, master franchisee and franchisees in disputes, including representing them at mediations throughout Australia. This has included acting for franchisors in large disputes involving more than 10% of the network and in dealings with the ACCC.
  • Advising and drafting documentation regarding alternative arrangements to franchising such as licensing, agency, supply and distributions arrangements.
  • Advising on compliance with the Competition and Consumer Act 2010 with a particular focus on compliance with the Franchising Code of Conduct, restrictive trade practices and general trade practices advice.
  • Providing general commercial advice and documentation.