Testimonials

Newhouse & Arnold Solicitors dealt with my franchise matter efficiently and with integrity. David Newhouse's experience in franchise law was exceptional. His service and fixed fee service approach was excellent. I will definitely recommend Newhouse & Arnold Solicitors to my family and friends, and I look forward to use his service again for my next franchise purchase.

Tom Rusli, Crust Franchisee

I take this opportunity to thank Newhouse and Arnold Solicitors Franchise Lawyers for your diligence during the whole franchise business purchase, especially when things started to go "wrong" pre-settlement. Your services have been excellent and extremely cost efficient. I will definitely recommend your services to friends and relations.

Ludovic Laporte

After engaging and dismissing numerous solicitors over the last ten years, we have finally found 'our solicitor' in David Newhouse. David is thorough, efficient and above all communicates freely in simple language. In a recent purchase of a franchise, we suddenly found a minefield of potential risks expose themselves. David calmly collected all the information and laid out our options clearly. He kept us fully informed of changes in the situation at all times.

Alan Popely & Janita Rankin, Howards Storage Franchisee

I would not hesitate to recommend your firm. Having been in a difficult situation with the Franchisor, your advice and guidance was instrumental in identifying an exit strategy and enabling me to execute it quickly and efficiently.

Nigel Hall

Your advice in preparing our plain english IT service contract has allowed our business greater protection and has allowed our customers to confidently engage our IT services and understand now exactly what they getting from us.

Francis McIntyre

Legal News

Billy Baxter Franchisee Provided Wrong Comparable Figures by Franchisor

The Franchisor, Billy Baxter, provided estimated sales figures/turnover/rent for a new greenfield café by using comparable figures from another café. The Franchisor quoted figures were higher than the actual turn-over from the other cafe.
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NSW Land & Environment Court does not link termites, fire potential or leaf litter as a reason to remove neighbours trees under the Trees (Disputes Between Neighbours) Act 2006

In Class 2 proceedings, Fakes C in Sultana v Micallef [2012] NSWLEC 1078, the NSW Land & Environment Court dismissed the bulk of proceedings, save as to granting the removal of 1 tree out of 69 trees in Schofields, Sydney...
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Big bust up at Sydney's SumoSalad

"In my experience, it is rare to see a franchisee thrown out of a store," Mr Newhouse said...
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NSW Land & Environment Court dismisses tree dispute claim that roots from a neighbours tree did not cause structural cracking of a neighbours wall

In proccedings, the NSW Land & Environment Court dismissed proceedings as the Applicants were unable to prove that a Blue Gum tree in Castle Cove, Sydney caused or is causing damage to a neighbours house...
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NSW Land and Environment Court refuses to subdivide two residential lots

In Class 1 proceedings, Tuor C in Tenhave v Wollongong Council [2010] NSWLEC 1361, the NSW Land & Environment Court disallowed an appeal to subdivide two residential lots at Cordeau Heights, Wollongong...
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Location

McMahons Point (Head Office)
23A King George Street,
McMahons Point NSW 2060
Phone: 02 9922 1100
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Bondi Junction (Branch)
Suite 14, Level 2, 51-53 Spring Street
Bondi Junction NSW 2022
Phone: 02 9922 1100
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Mailing Correspondence
PO Box 7136
McMahons Point NSW 2060
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Billy Baxter Franchisee Provided Wrong Comparable Figures by Franchisor

Billy Baxter Franchisee Provided Wrong Comparable Figures by Franchisor

The Franchisor, Billy Baxter, provided estimated sales figures and rent for a new greenfield café (Jetty Road, South Australia) by using comparable figures from another café (Norwood Parade). The Franchisor figures quoted were higher than actual turn-over from the Norwood Parade café. The Court of Appeal in Trans-it Freighters Pty Ltd v Billy Baxters (Franchising) Pty Ltd [2012] VSCA 71 held that the Franchisor did not have reasonable grounds for the representations made for the new Jetty Road café.

The Franchisee relied on the representations made by the franchisor and used this information in the franchisor’s model, which was then used by the franchisee for an application for finance. The Court looked to the reasonableness of the sales figures/turn-over and rent representations provided by the Franchisor and they were deemed not reasonable under sections 51A(1) and 52 of the Trade Practices Act 1974 (CTH). The Court of Appeal found in favour of the franchisee.