Franchising Law: Disclosure Register, Urgent Competition Issues and Watertight Agreements
The deadline is looming for franchisors to publish key disclosure information on the new Franchise Disclosure Register. Avoid the eye-watering penalties by discovering the information that must be in the Disclosure Register so you don’t get caught out. Plus investigate competition issues arising from franchising agreements, manage compliance problems, take away best practice on breach notices, review the new termination provisions in the Code, and so much more! WEB2211N09Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: James Wyatt, General Counsel, 7-Eleven Stores Pty Limited
9.00am to 9.30 Franchising update from the ACCC
- ACCC compliance and enforcement priority 2022/23
- Penalties and upcoming franchise disclosure register
- ACCC cases and investigation learnings
Presented by Mick Keogh OAM, Deputy Chair, ACCC
9.30am to 10.10am Urgent Competition Issues Arising in Franchise Documentation: Don’t Get Caught Out!
- Competition issues that arise:
- from online sales
- when drafting supply arrangements
- Territory division and exclusive dealing
- Unfair contract terms
Presented by Bronwyn Furse, Partner, Thomson Geer; Best Lawyers 2023, Lawyer of the Year in Franchise Law; Best Lawyers 2023, Intellectual Property Law, Privacy and Data Security Law; Recommended Intellectual Property Lawyer and Recommended TMT Lawyer, Doyle’s Guide 2022
10.10am to 10.20am Break
10.20am to 11.00am The New Franchise Disclosure Register and Overcoming Challenges to Other Recent Legislative Changes
- Preparing for the New Franchise Disclosure Register which commences on 14 November 2022
- Understanding the requirements of Franchisors including creating and managing a profile on the Register
- Practical learnings and overcoming challenges from the 2021 changes to the Franchising Code of Conduct including:
- Pre-entry disclosure obligations
- Passing on the franchisor’s legal costs
- Termination rights
- Restraints of trade
Presented by Tamra Seaton, Director, MDS Legal; Best Lawyers 2023, Franchise Law, Competition Law; WA Representative, Women in Franchising Committee, Franchising Council of Australia
11.00am to 11.40am Managing Compliance within Franchise Networks
You will discuss how to improve compliance within your franchise network including:
- Enforcing the Franchise Agreement
- Conducting regular operational compliance checks
- When and how to use breach notices
- Best practice breach notices
- Other measures to enforce compliance
- Termination processes under the Franchising Code and the impact the new Code termination provisions have on managing compliance
Presented by Maija Kerry, Partner, Norton Rose Fulbright; Best Lawyers 2023, Franchise Law
11.40am to 12.20pm Sleepers and Creeper Clauses: Your Clients’ Obligations Beyond the Obvious
The Franchising Code of Conduct has grown to become a comprehensive document, meaning that franchisors now have more obligations to comply with than ever before. Explore the obligations on franchisors, beyond the obvious issues that are dealt with daily.
- Clauses of the Code that franchisor might know about, but do not think about very often until they are faced with a complaint
- Clauses we expect will be the source of disputes/complaints in the future
Presented by Allison McLeod, Partner, HWL Ebsworth Lawyers; Best Lawyers 2023, Franchise Law
Presenters
James Wyatt
An experienced general counsel and MBA graduate with 20 year’s experience in private practice and in-house in the United Kingdom and Australia. A strong, results orientated leader who is able to build highly effective and engaged teams. A commercially focused contributor to the management team and a strategic thinker who is able to analyse complex business problems, formulate appropriate legal and/or commercial solutions and then deliver the preferred outcome. A strong, commercially aware negotiator and clear communicator who optimises business performance whilst minimising business risk.
Mick Keogh OAM
Mick Keogh was appointed to the ACCC in February 2016, and then as Deputy Chair of the ACCC in 2018, with responsibility for Small Business and Agriculture. Mick’s role at the ACCC includes involvement in a range of committees including the Competition Exemptions, Enforcement, Compliance and Product Safety, Mergers Review and Electricity Markets Board, as well as oversight of the small business, franchising and agriculture units of the ACCC. Mick has a long and diverse history of involvement with the small business and agriculture sector, including periods of employment as a business consultant, and in advocacy and advisory roles to policymakers and governments. He has also chaired a number of Commonwealth Government inquiries and Ministerial advisory boards. He is currently a member of the Commonwealth Government’s Emission Reduction Assurance Council, and a Board member of the Food Agility Co-operative Research Centre. From 2003 to 2018, he was Executive Director of the Australian Farm Institute, an independent policy research institute that conducted research into strategic policy issues of importance to Australian agriculture and regional Australia. Mick continued in that role until his appointment as Deputy Chair of the ACCC in June 2018. Mick was awarded the Order of Australia Medal in 2015. He holds bachelor’s and master’s degrees in science, both obtained at the University of New South Wales, and a Doctor of Applied Science (honoris causa) from Charles Sturt University.
Bronwyn Furse
Bronwyn Furse is a commercial lawyer with specialist expertise in the areas of intellectual property, privacy, regulatory and competition and consumer law. Her practice traverses public and private industry sectors including automotive, higher education, health, manufacturing, medical devices, energy and resources, government, financial services and ecommerce, from start ups through to multinational groups. Bronwyn’s intellectual property practice includes advising on all matters of ownership, protection, commercialisation, licensing and enforcement of intellectual property rights. She routinely prepares and negotiates agreements for domestic and cross-jurisdictional licensing arrangements, commercialisation of intellectual property and technology procurement. Bronwyn has extensive franchising experience. She 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. Bronwyn is well known for her specialist expertise in privacy law and data protection and commercialisation. She has a particular interest and depth of expertise in privacy issues arising from data sharing and transfer, analytics and commercialisation, as well as behavioural advertising and electronic marketing. Over the years, Bronwyn has been seconded to various clients including global corporate groups, as well as universities and research organisations. Her in-house experience has provided her with invaluable insight, and honed her abilities to provide commercially astute and pragmatic advice to clients across a broad range of disciplines. Bronwyn is an active member of various professional intellectual property and privacy organisations, including Trustee of the Licensing Executives Society of Australia and New Zealand (LESANZ), an active member of the Franchise Council of Australia (FCA) (Legal Sub-Committee and South Australian Chapter Committee), and a participating member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and International Association of Privacy Professionals of Australia and New Zealand (iappANZ). Bronwyn is widely recognised for her specialist expertise. She is regularly asked to present at conferences on issues related to intellectual property, privacy and franchising, and to provide tailored training programs to clients and industry associations. In 2016, Bronwyn was awarded an Australasian Lawyers ‘Rising Star’ award, and recognised by the publication as having ‘an outstanding reputation as an IP lawyer’. Bronwyn has been acknowledged by The Legal 500 Asia-Pacific (2018 & 2019) for her work in the Intellectual Property space. Bronwyn has been recognised by her peers as one of the Best Lawyers in Australia in the areas of Franchise Law, and Intellectual Property Law (2019 - 2022). Bronwyn has recently been recognised in Doyle’s Guide as a recommended lawyer in South Australia in the areas of Intellectual Property (2020 - 2021) and Technology, Media & Telecommunications Law (2020).
Tamra Seaton
Tamra Seaton 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 mainly in the area of franchising and licensing law and also the related areas of competition and consumer, intellectual property and commercial property law. She counts several large franchisors and master franchisees among her long term clients and also acts for many franchisees. She is included in the Best Lawyers in Australia and Who's Who Legal lists for franchise law. She is the WA State President of the Franchise Council of Australia and a director on its National Board.
Maija Kerry
Maija Kerry is a corporate and commercial lawyer based in Sydney. Maija 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, including at the national conference of the Franchise Council of Australia. Maija works with clients across a broad range of industries , assisting them with broad range of strategic and day to day legal issues, including in relation to business sales and acquisitions, compliance, IP, competition & consumer law, contractual enforcement and how to expand businesses internationally. Practical, commercial and proactive, Maija works closely with her clients to ensure that her legal advice aligns with her clients’ commercial imperatives.
Allison McLeod
Allison provides advice and assistance to clients in relation to trade and distribution law, intellectual property law and competition and consumer law. Allison 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. Allison also regularly advises on competition and consumer law issues. Her experience includes reviewing contracts in the context of the Competition and Consumer Act 2010 (Cth); assisting clients in dealings with the Australian Competition and Consumer Commission; conducting competition and consumer law training; and considering and advising on supply and pricing issues. In addition Allison has broad commercial experience. She assists clients on matters such as intellectual property protection; implementing structural changes; reviewing and drafting standard form documents; and acting on private M&A transactions. Allison has been named in Best LawyersTM Australia for Franchise Law.