Our Team

Richard Ott­ley

Partner
Part­ner, Com­mer­cial, Employ­ment, Fran­chis­ing

As an expe­ri­enced employ­ment law and fran­chis­ing lawyer, I com­bine my com­mer­cial exper­tise and prag­mat­ic approach to every aspect of my prac­tice. After exten­sive expe­ri­ence in the Unit­ed King­dom and Aus­tralia, I joined Swaab in 1997

As a prac­ti­tion­er with a spe­cial focus on fran­chis­ing I help a num­ber of nation­al ser­vice based franchisors.

Expe­ri­ence

My employ­ment prac­tice con­sists of draft­ing employ­ment agree­ments and con­trac­tor agree­ments, advis­ing on award cov­er­age, statu­to­ry enti­tle­ments and the rights and oblig­a­tions of both employ­ees and employ­ers includ­ing under the Fair Work Act, and whether restraint of trade claus­es are enforce­able. I pro­vide advice in dis­ci­plin­ing and ter­mi­na­tion of employ­ees includ­ing unfair dis­missal claims, claims for adverse action and dis­crim­i­na­tion based claims. In addi­tion, I reg­u­lar­ly advise on defama­tion issues. 

  • Advis­ing employ­ers and employ­ees gen­er­al­ly in con­nec­tion with employ­ment issues
  • Advis­ing in rela­tion to award cov­er­age and statu­to­ry oblig­a­tions of employers
  • Act­ing for employ­ers and employ­ees in con­nec­tion with claims aris­ing from ter­mi­na­tion of employ­ment includ­ing unfair dis­missal claims and claims aris­ing under the Gen­er­al Pro­tec­tion Provisions
  • Draft­ing con­trac­tor agreements
  • Advis­ing in rela­tion to restraint of trade
  • Assist­ing fran­chisors in con­nec­tion with their operations
  • Draft­ing fran­chise agree­ments and draft­ing and set­tling dis­clo­sure documents
  • Advis­ing gen­er­al­ly in con­nec­tion with the Fran­chis­ing Code of Conduct
  • Advis­ing on com­pe­ti­tion issues con­cern­ing the Aus­tralian Com­pe­ti­tion and Con­sumer Act
  • Proof read­ing and advis­ing gen­er­al­ly in rela­tion to defamation
  • As a Notary Pub­lic assist­ing indi­vid­u­als and organ­i­sa­tions with var­i­ous notar­i­al and authen­ti­ca­tion service.

Expertise

  • Employment Law
  • Franchising
  • Commercial law
  • Defamation

Roles, memberships and education

  • Notary Public having been admitted in 2006
  • Member of LEADR having qualified as a mediator in 2003
  • Solicitor of the Supreme Court of New South Wales
  • Solicitor of the Supreme Court of England and Wales
  • Solicitor of the High Court of Australia

Publications