FRANCHISE LAWYER IN AUCKLAND
Franchise Agreement & Litigation Lawyer
Deirdre is a leading expert on franchise law in New Zealand. As a highly respected franchise lawyer, she acts on behalf of both franchisees and franchisors alike and believes this gives her an invaluable and unique perspective into both sides of the franchise relationship. She is Vice Chair of the New Zealand Franchise Association, a regularly sought out speaker and writer and a lecturer at Auckland University on Franchise Law. She advises on a wide range of matters related to franchising and licensing, including:
- Breach notices and termination of franchise agreements
- Restraint of trade clauses
- Fair Trading Act and misrepresentation claims
- Good faith in franchise agreements
- Post termination enforcement and issues
- Compliance issues, including legislation compliance
- Franchise agreements
- Complaints against members of the Franchise Association of New Zealand
- Mediation, arbitration or litigation of franchise disputes
- Processes and strategic advice
Deirdre is particularly sought out for complicated or difficult franchise matters and has been successful in satisfactorily resolving even the most difficult of cases.
FRANCHISING ARTICLES
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
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
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
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
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 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
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
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
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,
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