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Trouble in paradise: pampered paws sent packing

McInnes Wilson Lawyers
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Australia
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April 15 2013

The recent Federal Court decision in Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise

Defective disclosure & breach: when franchisees will obtain relief

McInnes Wilson Lawyers
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Australia
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March 14 2013

The recent decision of Dorrian & Anor v Rushlyn Pty Ltd & Anor 1 highlights the need for franchisors to ensure they have provided Code compliant

2013: the year of the franchising code review

McInnes Wilson Lawyers
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Australia
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February 12 2013

In 1998, the Franchising Code of Conduct (the Code) was given the force of law under the then Trade Practices Act 1974 (Cth) and now the Competition

ACCC enforcement of consumer warranties and repairs: Harvey Norman and Hewlett-Packard

McInnes Wilson Lawyers
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Australia
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December 17 2012

The Australian Competition and Consumer Commission (ACCC) commenced legal proceedings against both franchisees of Harvey Norman and against Hewlett Packard for allegedly engaging in misleading and deceptive conduct about the rights of consumers when purchasing goods from their respective stores

Current disclosure required: SPAR Licensing Pty Ltd v MIS QLD Pty Ltd (No 2)

McInnes Wilson Lawyers
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Australia
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November 14 2012

The Federal Court in SPAR Licensing Pty Ltd v MIS QLD Pty Ltd (No 2) 2012 FCA 1116 delivered a judgment emphasising the importance of disclosing current financial documents prior to entering into a Franchise Agreement

Small business commissioners and the Franchising Code of Conduct (Cth): what next?

McInnes Wilson Lawyers
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Australia
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October 25 2012

The Franchising Code of Conduct (Code) has been in existence now since 1998, after it was passed to address perceived deficiencies in the industry which were not being addressed by the then voluntary code of conduct

Site selection: should you believe what you are told?

McInnes Wilson Lawyers
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Australia
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September 28 2012

The success of a retail franchise is usually inextricably linked to the success of the site selected for the premises and the terms that can be negotiated to lease the site

National business names: why registration may not be enough

McInnes Wilson Lawyers
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Australia
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August 28 2012

The name of the franchise is often one of the most distinguishing features of that franchise

Predicting the future risky business: Trans-IT Freighters Pty Ltd v Billy Bbaxters

McInnes Wilson Lawyers
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Australia
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July 18 2012

During the course of pre-franchise negotiations, franchisors are frequently asked to provide information on the turnover, expenses and profitability of a proposed franchise

Know your options: interpretation of option clauses in Franchise Agreement

McInnes Wilson Lawyers
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Australia
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June 26 2012

A key consideration as a Franchise Agreement nears its expiry is whether any contractual options for a further term should be exercised or permitted to be exercised

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