6th Annual Franchising Law Update
The new changes from the Franchising Code of Conduct Amendments came into effect on 1 July. How have these changes been implemented by franchises and how are they dealing with the changes? You will explore this and more with leading experts from the coalface. You will gain insights on how to run the new multiparty ADR processes. Take away practical, valuable tips on drafting franchise agreements. Explore the critical path for Australian Franchisors looking to expand internationally. WEB2111N38
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Tamra Seaton, Director, MDS Legal Pty Limited; Best Lawyers 2022, Franchise Law and Competition Law; WA Representative, Women in Franchising Committee, Franchising Council of Australia
2.00pm to 2.45pm Franchising Code of Conduct Amendments: New Multiparty ADR Processes
- What is this new process and why was it approved?
- Why ACCC says it shifts the imbalance of bargaining power
- Who can use it: Two or more franchisees with a similar dispute?
- What ADR processes are available? Conciliation, mediation and arbitration
- How to run large multi-party ADR processes
- Managing the costs and fixed prices schemes
Presented by Derek Minus, Barrister, Mediation and Arbitration Chambers; Accredited Mediator; Chartered Arbitrator
2.45pm to 3.30pm Franchise Code Reform: Documentation, Operations and Key Learnings
The session will provide you with practical guidance and tips and traps on the following areas:
- Preparing franchise documentation changes to reflect the amended Code
- Updating franchisor's operational processes to reflect the amended Code
- Key learnings since the reform commenced
Presented by Bronwyn Furse, Partner, Thomson Geer; Best Lawyers 2022, Franchise Law
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Drafting Franchise Agreements: Key Clauses
- Term and renewal
- Geographical territory and exclusivity
- Royalties and other fees
- Transfer
- Restraints of trade
- Termination and end of agreement arrangements
Presented by Judith Miller, Principal & National Practice Group Leader – Commercial, Wrays; Best Lawyers 2022, Franchise Law and Commercial Law; Recommended Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2021
4.30pm to 5.15pm Key Considerations and Processes for Australian Franchisors Looking to Expand to International Jurisdictions
- Planning and preparation including identifying markets, goals and objectives, opportunities and risks, preparing budgets, government assistance, team and resources, legal and financial considerations
- Screening and selection including partner profile, application process, legal and financial considerations
- Implementation including legal, financial and operational considerations
Presented by Andrea Pane, Director and Principal, ACP Lawyers; Accredited Mediator
Presenters
Tamra Seaton
Tamra has been a Director of MDS Legal for 6 years and prior to that, was a partner of Norton Rose where she worked for 11 years. Tamra practices in franchising and licensing law and also in the related areas of competition and consumer law, intellectual property and commercial property law. She acts for several large franchisors, master franchisees and many franchisees. Tamra has been recognised in the Best Lawyers in Australia and Who's Who Legal lists for franchise law. She is a former WA State President of the Franchise Council of Australia and a former director on its National Board.
Derek Minus
Derek holds accreditation as a Mediator, Arbitrator, Expert Determiner and Family Dispute Resolution Practitioner (FDRP). He is a Nationally Accredited Mediator who has as conducted over 4,000 mediations and conciliations across all types of disputes. Derek is also graded a Chartered Arbitrator. Since 2000, he has acted as an arbitrator at the NSW Local Court, District Court, NCAT, Workers Compensation Commission and for the NSW State government. For the two year period 2017/2018, he was appointed by the Commonwealth Government as the Franchising Code Mediation Adviser with responsibility for arranging the dispute resolution processes under the Franchising Code of Conduct.
Bronwyn Furse
Bronwyn is a commercial lawyer with specialist expertise in the areas of competition and consumer law, intellectual property, privacy and regulatory law. She has extensive franchising experience and advises some of Australia’s most well-known, and longest running franchise networks. Her practice includes assisting with the day to day management of franchise networks, along with related intellectual property, privacy and competition and consumer law issues. She also routinely assists in the expansion of networks into offshore jurisdictions and establishment of new franchise networks.
Judith Miller
Judith Miller specialises in commercial and intellectual property law. She advises local and international businesses on the establishment of regional and national franchise systems, and provides strategic advice to established operations. She has more than 25 years' experience in advising on all aspects of the management and commercialisation of IP. Judith has also worked on a broad range of technology and sourcing matters, including procurement, development agreements, hosting and outsourcing arrangements, software maintenance and hardware supply and support agreements.,
Andrea Pane
Andrea Pane is director and principal of ACP Lawyers. Specialising in franchising for over 25 years, Andrea's primary focus has been in the franchising sector, advising and assisting clients across a broad range of industries in the areas of business expansion, protection of intellectual property, compliance with the Franchising Code of Conduct, competition and other relevant laws, business sales and acquisitions and other related contracts and arrangements. Andrea has been recognised as one of Australia's best lawyers for franchise law in the peer-reviewed Best Lawyers© in Australia, is an accredited mediator and is Chair of the LAWASIA Franchising Committee.