Legal Matters
All Articles
New rules on rent relief – 5 key aspects for franchisees
3 November 2021 – A new Bill has seen commercial lease abatements implied into leases as a way of requiring landlords and tenants to agree fair rent relief during periods affected by Alert level restrictions. Paul Turner of Goodwin Turner Commercial Lawyers outlines the changes and comments on 5 key aspects and what they could mean for affected franchisees
Rights & Wrongs
June 2020 – Stewart Germann and Khushbu Sundarji review lessons from three recent cases involving well-known New Zealand franchises.
Leases & Landlords
Paul Turner and Scott Goodwin of Goodwin Turner Commercial Lawyers offer some notes for franchisees regarding leases
MBIE reminder on personal liability for employment law breaches
29 April 2019 – The Labour Inspectorate has reminded individuals, including business directors, senior managers and legal or business advisors, that they can be held personally responsible even if they are unofficially connected to a business that breaches minimum employment standards.
Franchisors take action on cheating franchisees
18 September 2018 – Two more franchisees found guilty of historic wage and visa breaches have lost their businesses
Swings and roundabouts in employment law changes
31 January 2018 – Changes to employment law mean franchisors and franchisees need to be prepared
Follow the law on alternative holidays, says Labour Inspectorate
19 December 2017 – Payroll calculations are continuing to catch companies out, and franchisees could be vulnerable
Don’t say it’s over -
leaving a franchise doesn't mean you can just carry on
June 2016 - Harshad Shiba reviews two recent cases involving well-known New Zealand franchises
AFTER YOU'VE GONE
- how restraint of trade and IP issues affect former franchisees and imitators
Stewart Germann and Harshad Shiba review three legal cases in New Zealand which protected the value of a franchisor’s intellectual property
holding on to WHAT’S YOURS
March 2014 - Stewart Germann and Harshad Shiba review three legal cases which protected the value of a franchisor’s intellectual property
Exiting franchisee and existing customers
- a complicated case
January 2014 - Ending a franchise relationship is often not a black and white exercise. Deirdre Watson details a case where a third party was drawn into a dispute over an attempt to poach customers.
A VERY PUBLIC DISPUTE
– the story of the gym franchise
and the franchisee who took down the signs
April 2013 - A dispute between Club Physical and a multi-unit franchisee was only resolved after a lot of publicity and a lot of legal fees
KAMIKAZE CONFLICT
how do franchise disputes escalate
and what can you do to avoid it?
Jeff Giddings, Lorelle Frazer & Scott Weaven look at what drives franchisees and franchisors to damage their own systems during disputes
'HARSH CONSEQUENCES' for Club Physical franchisee as injunction granted
7 March 2013 - The application for interim injunctions against the Club Physical franchisee who rebranded three Auckland gyms without warning has been granted
overseas franchisees call for GREATER PROTECTION
May 2011 - A US body called the Coalition of Franchisee Associations has called for the introduction of a ‘Bill of Rights’ for franchisees, while a new Australian body is also concerned for franchisee rights.
can you opt out of ARBITRATION?
December 2010 - A recent court case highlights the importance of arbitration clauses
Second Opinion on Court of Appeal's Due Diligence Decision
1 April 2009 - Franchisors shouldn't rejoice too soon over the recent Court of Appeal decision in the James Home Services case
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