WISEWOULDS YEAR IN FRANCHISING 2008

It’s been a busy year in Franchising at Wisewoulds in our franchise group.

This is our experience of the past year which builds on 25 years of franchise services and industry knowledge.

The Franchise Market

In the past twelve months, we have acted in a wide range of franchise matters including:

Franchisor services:

• An Australian franchisor expanding internationally by appointing Master Franchisees in countries such as India. China and Malaysia (we prepared Master Franchise Agreements);

• A successful New Zealand franchisor establishing their international expansion in Australia, and appointing sub-franchises. We provided advice on company structuring, limited partnerships, preparing franchise and sub franchise agreements;

• A New Zealand company expanding into Australia by appointment of an Australian franchisee;

• An International US restaurant chain with a presence in more than 15 countries appointing an area developer to establish in the Australian market. We prepared a development agreement and reviewed franchise documents for Australian compliance;

• A retail convenience store, establishing a franchise model in Melbourne;

• A successful and unique health & fitness centre, preparing to offer franchises;

• A NSW based retailer expanding operations nationally via a licence and distribution arrangement;

• A well-known franchisor in the health & beauty industry expanding their franchise model to incorporate a wider range of services for franchisees;

• Representing franchisors in ACCC prosecutions;

• Acting for several established franchisor systems in dealing with franchisees in default of via dispute resolution / mediations and litigation;

Franchisee services:

• Acting for several franchisee representative groups and associations including sixty (60) licensees in a claim for damages for misleading and deceptive conduct against a licensor;

• Representing a number of RAMS franchisees exiting the system;

• Representing the Budget Eyewear Franchisee Association and its members Australia wide

Franchisor:

• Acting for several established franchisor systems in an ongoing consultancy role:

• providing advice regarding upgrade of documents, disclosure documents and franchisee default;

• assisting franchisors in negotiating re-acquisition of franchise agreements;

• proceedings against defaulting franchisees seeking to compete;

Franchisee:

• acting for franchisees in proceedings by a franchisee claiming misleading and deceptive conduct;

• representations and negotiations and submissions to ACCC on behalf of franchisee groups; and

• acting for franchise associations in dealing with franchisors.

• Providing advice and reports, at fixed cost, to franchisees regarding entry into franchise system and exit options available.

Find out more

Please visit: Wisewould Mahony