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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

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

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

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

Novation or assignment of franchise agreements what is the difference?

McInnes Wilson Lawyers
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Australia
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May 29 2012

Parties to a franchise agreement may, at some stage, wish to transfer their interest in the franchise

If it looks like a franchise...: lessons from Rafferty v Madgwicks

McInnes Wilson Lawyers
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Australia
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April 24 2012

The Full Court of the Federal Court of Appeal in Rafferty v Madgwicks 2012 FCAFC 37 delivered a judgement that re-emphasises that when identifying if an arrangement is a franchise agreement the courts will examine substance over names given to describe arrangements