Franchising Law: Cases, Disclosure, Restraints and Insolvency
Franchising Law is a minefield for the undiscerning. Ongoing disclosure obligations under the new Code will be reviewed. Learn the missteps from the latest cases and ACCC actions to protect your clients from non-compliance. Receive practical guidance for the franchisee/franchisor relationship, from restraints of trade to insolvency. WEB233N60Z
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; Deputy Chair, Franchising Committee, Queensland Law Society; Chair, Legal Sub-Committee, Franchise Council of Australia (Qld Chapter)
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Franchising Case Update
- Update on franchise cases of significance in the past 12 months
- Update on ACCC actions of significance in the past 12 months
- Pending matters to monitor in the future
Presented by Alicia Hill, Principal, MST Lawyers; Accredited Specialist in Commercial Litigation; Best Lawyers 2023, Litigation; member, ACCC Consultative Committee for Small Business and Franchising
9.50am to 10.35am Ongoing Disclosure Obligations Under the Code
Presented by Sean O’Donnell, Partner, HWL Ebsworth
10.35am to 10.50am Morning Tea
10.50am to 11.35am The Franchisor’s Ability to Require Purchase of Goods or Services from Itself or Associates
- Disclosure obligations
- Legislative impact
- Case law
Presented by Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers; member, Franchising Committee, Queensland Law Society
11.35am to 12.20pm Restraints of Trade in Franchising
- When are they appropriate?
- How enforceable are they? Examination of the law including Franchising Code of Conduct
- What is the best way to draft restraints of trade?
- What other ways can franchisors protect their business/brand?
Presented by Andrea Pane, Director and Principal, ACP Lawyers
12.20pm to 1.05pm Franchisor Insolvency
- Rights and obligations of franchisees
- The role of the liquidator/administrator
- Franchisees vs creditors
- The treatment of the marketing fund
- Practical issues (eg leasing)
Presented by Ana Haarsma, Director, Haarsma Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Simone Pentis
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 has also assisted master franchisees and franchisees as they acquire and deal with their franchises. 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.
Alicia Hill
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 of MST Lawyers in Melbourne. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty expertise in Franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising. a board member of the Law Institute of Victoria’s Accredited Specialists Board and has been recognized by her peers in the Best Lawyers awards for Litigation since 2016.
Sean O’Donnell
Sean is one of Australia's leading franchise and dispute lawyers. He is recognized by his international and local peers as a 'Thought Leader' in franchising, an accolade initially only applying to 4 other lawyers in Australia. He heads up the firms national retail and franchising practice. He has 20 years of experience assisting clients involved in the retail and franchise sectors, particularly assisting with strategic change of a network and resolving complex disputes in a broad range of industries. His practice in franchising covers both non contentious advice work to litigated disputes. This unique combination was validated in the publication of Who's Who Legal 2017 where his clients commended him on his "incredible market understanding", "commercial and practical advice" and "his superb litigation abilities". Sean is also listed in Best Lawyers for his franchise expertise. Sean was the President of the NSW/ACT Chapter of the FCA and a director of the FCA National board from 2012 to October 2017. He remains active within the FCA and has been part of the FCA legal committee since 2006. He had a significant role in the drafting and implementation of the new Franchising Code in 2015, including submissions to government about redrafting of the Code. He also made submissions and assisted a number of clients with submissions to the current Government Inquiry. Sean regularly assists franchisor and retail clients with regulatory investigations by the ACCC and ASIC. He is also involved in a number of high profile disputes and litigated claims throughout Australia. He is a trained mediator and has participated in numerous OFMA mediations and commercial mediations. He also provides expert opinion on franchise related matters.
Elizabeth Gore-Jones
Elizabeth Gore-Jones was admitted in 1994 and commenced specializing in franchising law in 2000. She started her law firm "The Franchise & Business Lawyers" in 2012 specializing in providing commercial, business and franchising advice to franchisors and franchisees alike. 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 explaining franchise legal practice to graduate law students. Elizabeth 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.
Andrea Pane
Andrea Pane is director and principal of ACP Lawyers. Specializing 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 recognized 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.
Ana Haarsma
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.