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Franchise Agreements in NSW: What to Review Before You Sign Buying a franchise can provide an opportunity to operate an established business with the benefit of an existing brand, proven systems and ongoing support. However, entering into a franchise agreement is a significant legal and financial commitment that should never be approached lightly. A franchise agreement is often a lengthy and complex legal document that sets out the rights and obligations of both the franchisor and the franchisee. While the agreement may appear straightforward, its terms can have long-term consequences for profitability, operational flexibility and future business decisions. At Maguire & McInerney Lawyers, we regularly advise individuals and businesses on franchise agreements, commercial contracts and business acquisitions throughout New South Wales. Reviewing a franchise agreement before signing can help identify potential risks, clarify contractual obligations and provide greater confidence before making a substantial investment. What is a franchise agreement? A franchise agreement is a legally binding contract between a franchisor and a franchisee. The agreement allows the franchisee to operate a business using the franchisor's established brand, intellectual property, operating systems and business model. In return, the franchisee generally agrees to comply with operating standards and pay various fees throughout the term of the agreement. Although every franchise system is different, franchise agreements commonly address: the length of the franchise term; franchise and ongoing royalty fees; marketing contributions; operational requirements; training and support; exclusive or non-exclusive territories; renewal rights; termination provisions, and; dispute resolution procedures. Understanding these obligations before signing is [...]

What Happens If Your Builder Goes Into Administration or Becomes Insolvent in NSW? A builder entering administration or becoming insolvent can bring a residential construction project to an abrupt halt. Work may stop, progress payments may already have been made, and questions can quickly arise about unfinished construction, building defects and whether money can be recovered. In NSW, several legal and insurance mechanisms may apply when a builder experiences serious financial difficulty. However, administration and insolvency do not always produce the same outcome. The building contract, the stage of construction and the availability of Home Building Compensation Fund cover can all affect what happens next. At Maguire & McInerney Lawyers, we regularly assist property owners, builders, contractors and developers with building and construction law matters, including incomplete work, building defects, payment disputes and contractual issues. What does it mean when a builder goes into administration? Voluntary administration does not necessarily mean that a building company has permanently closed. Administration is a formal insolvency process. An independent administrator takes control of the company while its financial position is investigated. Creditors then consider what should happen to the company. Possible outcomes can include: returning control of the company to its directors entering into a Deed of Company Arrangement, commonly known as a DOCA placing the company into liquidation. Therefore, a builder entering administration does not automatically mean every building contract has ended. The administrator controls the company's affairs during this period and considers whether the business can continue or whether another outcome would [...]

Understanding Bail in NSW: How Conditions Are Set and Challenged Being charged with a criminal offence does not automatically mean a person will remain in custody until their matter is finalised. In New South Wales, the Bail Act 2013 (NSW) establishes the legal framework that determines whether an accused person can remain in the community while awaiting court proceedings. Bail decisions can have a significant impact on an individual's employment, family life and ability to prepare a defence. Equally, the courts must balance those interests against the need to protect victims, witnesses and the broader community. As a result, bail applications require careful consideration of both the circumstances of the alleged offence and the individual seeking release. At Maguire & McInerney Lawyers, we regularly advise clients on bail applications, bail reviews and criminal procedure throughout the Illawarra and New South Wales. Understanding how the bail process works can help individuals make informed decisions at an important stage of criminal proceedings. What is bail? Bail is a legal authority allowing a person charged with a criminal offence to remain at liberty while their matter progresses through the court system. Rather than remaining in custody, the accused agrees to comply with conditions imposed by the court or an authorised officer until the criminal proceedings have concluded. Importantly, being granted bail does not determine whether a person is guilty or innocent. It is simply a decision about whether they can remain in the community while their case is being heard. The rules governing bail [...]