Franchising Law: New Law and Current Concerns
The dust has settled and the new Code is in force, strengthen your position by hearing about practical applications and possible courses of action for your clients. With a delectable array of topics, uncover what the changes mean for franchises, understand the greater protection for franchisees, and then delve into the new multiparty ADR process. You will unravel the current trends in franchise agreements and so much more. WEB223N48
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Simone Pentis, Managing Director, Advantage Partners Lawyers
9.00am to 10.00am New Law! The Franchising Code Update
- What do the changes mean transactionally for franchisors?
- What are the implications for a failure to comply with the Code (including increased pecuniary penalty amounts)?
- What greater protections are afforded to franchisees?
Presented by Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers
10.00am to 11.00am New Law! 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
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Fit for Purpose: The Changing Face of the Australian Franchise Agreement
There have been significant changes in both the law and society's expectations as to what a franchise agreement should look like, which has impacted the drafting of franchise agreements. Examine these changes and consider:
- Current trends in franchise agreements
- Addressing legal changes in your agreement
- The concept of the ‘Manual’
- Key clauses and why they are important
Presented by Allison McLeod, Partner, HWL Ebsworth Lawyers; Best Lawyers 2022, Franchise Law
12.15pm to 1.15pm Key Considerations when Buying and Selling a Franchise
- Specifics of a franchise agreement: key things to look out for
- Considering licenses, leases and permits
- Understanding the franchisee/franchisor relationship
- Due diligence in relation to the franchise network
- Common franchising disputes in sale and purchase situations
Presented by Maija Kerry, Partner, Norton Rose Fulbright; Best Lawyers 2022, Franchise Law
Presenters
Simone Pentis
Simone has 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.
Elizabeth Gore-Jones
Elizabeth specialises in commercial, business and franchising advice to franchisors and franchisees. She has a particular interest in setting up new franchise systems and assisting franchisees in dispute to reach an agreement without resorting to the court system. She is a member of the Queensland Law Society Franchising Committee and is a past member of the Franchise Council of Australia, the Queensland chapter of the Franchise Council committee and the Women in Franchising committee. Elizabeth lectures at the Bond University PLT course on franchise legal practice to graduate law students.
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.
Allison McLeod
Allison has broad commercial experience and provides advice and assistance to clients in relation to trade and distribution law, intellectual property law and competition and consumer law. She has a particular interest in franchising and has extensive experience advising franchisor clients – from providing advice about Australian market entry and the establishment of franchise networks in Australia, through to acting on sales/acquisitions and advising on dispute resolution. Allison’s experience includes advising on, and assisting clients with, international expansion.
Maija Kerry
Maija assists clients with the broad range of legal issues impacting clients in the consumer markets sector, including compliance, IP, competition & consumer law, contractual enforcement and how to expand businesses internationally. 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. She regularly presents in relation to legal issues affecting franchisors and organisations operating in consumer markets.