Franchising Law: Updates, Disputes and Compliance
WEB213N24: Are you across the latest franchising issues in order to better assist your clients in navigating the year ahead? Hear from leading franchising practitioners across Australia as they examine up to the minute developments in the franchising sector. Analyse significant cases of interest and key issues in the franchisor and franchisee relationship. Gain strategies on best practice compliance and dispute resolution.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Corinne Attard, Consulting Principal, Keypoint Law; Best Lawyers 2020, Franchise Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Recent Developments: The Franchising Code and COVID-19 Issues
- Status of the development of the changes to the Franchising Code
- COVID-19 issues relating to franchising
Presented by Maija Kerry, Partner, Norton Rose Fulbright; Best Lawyers 2020, Franchise Law
9.50am to 10.35am Creating Better Franchise Dispute Resolution Processes
- How to improve the process of dispute resolution
- Binding arbitration with capacity to award remedies, compensation, costs
- A guide to undertaking multi-franchisee dispute resolution
- Practical insights and takeaways
Presented by Ana Haarsma, Director, Haarsma Lawyers
10.35am to 11.20am The Franchisor & Franchisee Relationship: The Key Issues
- The continuing impact of good faith
- Goodwill & intellectual property rights
- Considerations when selling, renewing or terminating a franchise
Presented by Simone Pentis, Managing Director, Advantage Partners Lawyers; Deputy Chair, Queensland Law Society Franchising Committee
11.20am to 11.30am Break
11.30am to 12.15pm Developments in Disclosure Obligations: A Regulatory Update
- New case law and regulator guidance
- Disclosure documents: What does sufficient and meaningful disclosure mean in practice?
- Good faith and good disclosure
Presented by Megan Jongebloed, Director, Cowell Clarke
12.15pm to 1.00pm A Critical View of Recent Important Franchising Cases
Receive an update on the latest franchising cases and key takeaways you can apply to your practice.
Presented by Alicia Hill, Principal, MST Lawyers; Accredited Specialist in Commercial Litigation; Best Lawyers 2020, Litigation
1.00pm to 1.10pm Final Q+A and Closing Comments by the Chair
Presenters
Corinne Attard, Consulting Principal, Keypoint Law
Corinne Attard is a Consulting Principal at Keypoint Law. She is a franchising and retail commercial law specialist with over 12 years' of franchising industry experience and more than 25 years in retail and commercial leasing. Her clients include some of Australia's most recognisable retail and franchise brand names. From operating as a leasing specialist (acting mostly for landlords!) Corinne switched to an in-house role with Michel's Patisserie as its Group Legal Counsel for more than 6 years, until after the chain of over 350 franchised stores was acquired by Retail Food Group Limited. Corinne's approach is outcome oriented and risk management based and combines practical commercial advice with legal solutions. She acts for primarily retailers, franchisors, master franchisees and multi-unit franchisees.
Maija Kerry, Partner, Norton Rose Fulbright
Maija Kerry is a corporate and commercial lawyer based in Sydney focused on assisting clients who operate in consumer markets. Maija’s is a Best Lawyer™ in the area of Franchising Law and her experience in franchising law has also been recognized following her accreditation as a FRANdata Accredited Franchise Lawyer. Maija regularly presents in relation to legal issues affecting franchisors and organisations operating in consumer markets. Maija assists clients with the broad range of legal issues impacting clients in the consumer markets sector, including in relation to compliance, IP, competition & consumer law, contractual enforcement and how to expand businesses internationally.
Alicia Hill, Principal, MST Lawyers
Alicia Hill is an Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator, and a graded arbitrator with the Resolution Institute. Alicia practices as a Principal in the Dispute Resolution and Litigation team. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty niche expertise in Competition and Consumer law especially franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising and a committee member of the Franchise Council of Australia’s Victorian-Tasmania State Committee.
Simone Pentis, Managing Director, Advantage Partners Lawyers
Managing Director of Advantage Partners Lawyers, Simone brings a background of extensive experience as a corporate and commercial lawyer having worked in private legal practice, universities and in-house positions at Australian and international companies. Simone has acted for various national and international franchisors within Australia, assisted franchise groups move into various international markets, and acquire other international and Australian systems. Simone managed and operated the legal departments for national and international franchise networks, including The Coffee Club Group and Bartercard, and is Deputy Chair of the QLD Law Society’s Franchising Committee, as well as a long standing committee member of both the Franchise Council of Australia (Qld Chapter) and Franchise Council of Australia Legal Committee.
Megan Jongebloed, Director, Cowell Clarke
Megan Jongebloed leads Cowell Clarke’s Corporate and Commercial Transactions teams. While Megan’s primary focus is in the areas of corporate acquisitions, business sales and purchasing, franchising and implementation of contract management systems and process, she also has expertise in matters pertaining to privacy law and the collection, maintenance, use and disclosure of personal information. Megan has a deep understanding of Australian Consumer law and the legislation and regulatory framework of the Competition and Consumer Act, the Australian Securities and Investments Commission Act and the Franchising Code of Conduct. Megan provides corporate governance and compliance advice to a broad range of businesses in Australia and internationally.
Ana Haarsma, Director, Haarsma Lawyers
Ana has been working for clients in the franchise industry since commencing practice in 1996, at which time she worked almost exclusively in the area of franchise dispute resolution. Ana works closely with her clients to understand their businesses. This combined with her depth of knowledge and experience in franchise disputes enables Ana to tailor her advice and her approach to meet her client’s differing needs, which range from the protection of large franchise systems to the protection small franchise business units. Ana is an accredited mediator and has also appeared as a solicitor in hundreds of mediations. Ana has been involved in litigation at all levels of the Australian judicial system, including the High Court of Australia.