Franchise Law
Termination of franchise agreements – how not to
When acting for franchisors, I frequently find myself giving advice to tread carefully when terminating a franchise agreement. Where there is a significant amount of
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Franchise Law
When is a franchise relationship an employment relationship?
Three significant Employment Court decisions have recently explored challenging situations relating to the distinction between an employment relationship and business relationships not falling within the
Franchise Law
The legal “must knows” – Covid 19 impact on contract and lease obligations
With all the information flying around right now about legal obligations I hope to provide this succinct summary of the key legal issues that arise
Wills & Estates
Unsigned Wills – validating an unsigned will under the Wills Act 2007
Under s 11 of the Wills Act 2007, in order to be valid, a will must be in writing and must be signed and properly
Franchise Law
Tricky problems that arise when renewing a franchise agreement
Franchise agreements will typically contain at least one right of renewal. The agreement will include a clause which provides a date or time frame by
Disputes & Litigation
Discovery obligations in litigation
Broadly speaking, the process of discovery in litigation is the process by which relevant documents are searched for, identified and provided to the other party.
Disputes & Litigation
Attending a judicial settlement conference (JSC)
Once proceedings have been filed in court, and where the parties agree, a judicial settlement conference may be convened. A judicial settlement conference is a
Employment Law
Redundancy
In order for a redundancy to be justified, an employer must satisfy the requirements set out in s 103A of the Employment Relations Act 2000.
Employment Law
Constructive Dismissal
Constructive dismissal arises where: a) an employer gives an employee a choice between resigning or being dismissed, b) an employer follows the course of conduct
Disputes & Litigation
Shareholder Disputes
Shareholder disputes arise in a wide range of situations; most commonly, when a shareholder disagrees with the way in which the company is being managed,
Disputes & Litigation
Penalty clauses and liquidated damages clauses
Penalty clauses and liquidated damages clauses appear in a wide variety of different commercial contracts and are useful commercial device to ensure performance of the
Franchise Law
What is a Good Faith in Franchising, part one
In my article in LawTalk 912 (November 2017), I explored the topic of whether or not there is an implied obligation of good faith in a franchise agreement.
Franchise Law
Franchise agreements and penalty clauses
Franchise agreements typically contain detailed termination clauses that enable a franchisor to terminate the franchise, either for a breach or upon the occurrence of a
Franchise Law
Good faith in Franchising
Instances of lack of good faith by franchisors are a common complaint made by franchisees. A franchisee complains they are being singled out for a
Franchise Law
What remedies are available to franchisees when the franchisor does not perform?
It is a characteristic of franchise agreements that they are top heavy on franchisee obligation and light on franchisor obligation. Having the ability to draft
Franchise Law
Enforcing restraint of trade clauses in franchise agreements
Franchising is only attractive to franchisors as a method of business expansion if they can retain and exercise control over the use of their brand,
Disputes & Litigation
The process of issuing or defending litigation in the District Court and High Court
The District Court and the High Court are the two most common courts for bringing claims in the field of civil litigation. They cover a
Franchise Law
Exiting a difficult franchise relationship
Every disgruntled franchisee I have met has a different story to tell. Everyone’s situation is unique and in a brief article like this it is
Wills & Estates
The Process of making a claim under the Family Protection Act 1955
Notifying a claim under the Family Protection Act It is important to notify a claim under the Family Protection Act to the executors of the
Wills & Estates
Contesting a will – Claims under the Family Protection Act 1955
Under the Family Protection Act 1955, various categories of family members including wives, husbands, de facto partners, children, grandchildren and parents are able to bring
Wills & Estates
Claims against an estate for breach of a testamentary promise
Any person can bring a claim against an estate of a deceased person where they are able to demonstrate that: a) a promise, whether express
Employment Law
What are Unjustified dismissal and Disadvantage in employment?
An employee may bring a personal grievance against an employer if there has been an unjustified dismissal or disadvantage caused to the employee during the
Employment Law
What is a personal grievance and what is the process for raising a personal grievance?
A personal grievance as a complaint or claim that an employee is able to bring against a current or previous employer. There are many grounds
Employment Law
Disciplinary investigations and meetings
An employer who considers an employee in breach of their employment agreement may decide to commence a disciplinary investigation against that employee. Sometimes an outcome
Mediation
What is the role of the Mediator?
The role of the mediator is to facilitate a resolution of your dispute. The mediator does not act as an arbitrator or judge, they do
Mediation
What happens at a mediation?
Most mediators will request preliminary information to be provided to them well ahead of the mediation itself. If proceedings have been commenced, this early information
Mediation
The top five reasons to mediate
Time and again I have been asked by clients whether mediation is something they should consider. I find that when I explain the benefits of
