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Achievements
UD Trucks
Adapting the dealer agreement in use by UD Trucks (Oceania) so that it complied with the Franchising Code of Conduct while retaining as much of the existing structure and content as possible.
New Zealand Multi National white goods manufacturer
Retained by a New Zealand Multi national white goods manufacturer toattend to all aspects concerning the issue of new franchises, transfer of existing franchises, breaches and terminations of franchisees, advising
on commercial matters affecting the network including insurance, disputes, protection of intellectual property and other commercial issues including advising on NZ compliance with the voluntary code of practice.
Overseas Franchisors
Preparing documentation for inbound franchisors granting franchises in Australia, including master franchise rights. Providing advice regarding the obligations of overseas franchisors and master franchisors under the
Code.
Purchase and Sale of Franchises
Acting for franchisees (sales and purchases) in the grant or purchase of a franchise from franchisors, master franchisees and vendor franchisees including reviewing documentation, structuring and tax advice for the
franchise in both retail and service based systems including Coffee Club, Gloria Jeans, Telcoinabox, Poolworx, Hosemasters, Donut King, BB's Coffee, Hydrodog, Mortgage Choice, Terry White Chemists, Oxygenius,
Haines Hunter, Bakers Delight, Fernwood Fitness Centres, Ella Bache and Endota Spa.
Master Franchising
Acting for a leading Australian company operating multiple franchise brands in coffee and food retail. Upgrading their sub franchise and master franchise documentation for Code compliance, reviewing trade practices compliance programs, providing training on managing issuing and front end trade practices risk, dealing with procedures and acting in numerous transfers, renewals, breaches and terminations. Providing
advice in relation to overseas expansion to New Zealand, the United Kingdom and Ireland, and drafting documentation for the appointment of master franchisees and sub franchisees in those countries.
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Major changes recommended by Franchise Inquiry report
The Parliamentary Joint Committee on Corporations and Financial Services inquired into the operation of Australia’s Franchising Code of Conduct (‘Code’) with the objective to identify areas of the Code needing improving...more |
The implied common law obligation of good faith has become increasingly important in the realm of franchise relationships. Australia, the most franchised country in the world, is a jurisdiction lacking clear High Court authority relating to the implied good faith obligations in franchises but which is otherwise characterised by a substantial body of good faith litigation surrounding franchises...more |
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