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The Franchise Advice Centre

advice | how to | Running A Franchise Outlet | Legal Matters

During our many years working within New Zealand's franchise sector, we've learnt a great deal about the market - what works, what doesn't work, and what people involved in all aspects of franchising need to think about to succeed.

We encourage you to read as widely as possible about all aspects of franchising in New Zealand, whether you are interested in buying and then running a successful franchised business, or whether you have a business that you have already franchised or are contemplating growing using the franchising model.

If you don't find what you are looking for here in our Advice Centre then call or email us to ask for guidance - our team are ready and waiting to help you find the information you need.

legal matters

'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

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

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

AUSTRALIAN RULING CONFIRMS CERTAINTY FOR FRANCHISE AGREEMENTS

27 August 2008 - The High Court of Australia has overturned a decision by a lower court that had huge implications for the integrity of franchise agreements in that country and possibly beyond.

CAN YOU OPT OUT OF ARBITRATION?

December 2010 - A recent court case highlights the importance of arbitration clauses

CHURNING SCANDAL THREATENS TOP AUSTRALIAN BRANDS

Some of the biggest brands in Australian franchising are being accused of churning in the latest attacks on the franchise sector there - and the Australian Competition & Consumer Commission (ACCC) is taking it seriously.

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

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.

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

FRANCHISING IN SAFETY

Clayton Kimpton and Penny Hargreaves deliver a warning on the impact of health and safety legislation on franchises

FRANCHISORS TAKE ACTION ON CHEATING FRANCHISEES

18 September 2018 – Two more franchisees found guilty of historic wage and visa breaches have lost their businesses

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

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

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.

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.

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

SWINGS AND ROUNDABOUTS IN EMPLOYMENT LAW CHANGES

31 January 2018 – Changes to employment law mean franchisors and franchisees need to be prepared

 

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