Franchising Law: Navigating the New Regulatory Regimes
How can you prepare for and deal with the many regulatory changes in the franchise landscape? Gain an essential understanding of the implications of the current New Regimes with the new Unfair Contracts regime, the Franchise Disclosure Register Updates, new termination reforms and trends relating to end of term. Make sure you know how all these changes will affect your organisation and clients. Franchising is one of the most popular strategies for growing a business, stay up to date. WEB239N06Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Allison McLeod, Partner, HWL Ebsworth Lawyers; Recognised in Best Lawyers Australia for Franchise Law
9.00am to 10.00am Unfair Contracts in Franchising: What, When and How Much?
- How unfair contract terms impact your franchise agreement
- What makes a clause unfair?
- What about clauses that exclude liability for consequential loss - are they unfair?
- Making my limitation of liability clause or indemnity clause fair
- Steps that franchisors should take
- Penalties
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
10.00am to 11.00am Recent Case Law Overview and Disclosure Update Season 2023
- What is new this update season
- Franchise Disclosure Register
- Key considerations for disclosure update this year
- Recent case law overview
Presented by Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers; member, Franchising Committee, Queensland Law Society
11.00am to 11.15am Morning Tea
11.15am to 12.15am Termination Reforms, Trends and Law in Termination and End of Term
- Outline of the recent termination reforms
- Reflections on the new termination regime in practice
- End of term processes and common disputes
- Enforcement of post-termination obligations, including restraints and confidentiality
Presented by Nick Rimington, Partner, Norton Rose Fulbright Australia, Best Lawyers Australia 2023 (Franchise Law); Who’s Who Legal Australia 2023 (Franchise Law)
Presenters
Allison McLeod
Allison is a corporate and commercial lawyer with a particular interest in franchising. She has extensive experience advising franchisor clients in all manner of franchising related issues – 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 also includes advising on, and assisting clients with, international expansion. In addition to franchising, Allison regularly advises on competition and consumer law issues, including 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. Some of Allison’s broader commercial experience includes drafting and negotiating contracts, assisting clients with intellectual property protection and 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.
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).
Elizabeth Gore-Jones
Elizabeth Gore-Jones was admitted in 1994 and commenced specialising in franchising law in 2000. She started her law firm "The Franchise & Business Lawyers" in 2012 specialising 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.
Nick Rimington
Nick is a senior commercial lawyer in our consumer markets practice group. Nick advises clients across a wide range of general commercial matters. He specialises in supporting Australian and international brands in the franchising, retail, distribution and FMCG sectors. He has assisted Australian and international franchise systems with all aspects of franchise law, including preparation of franchise documentation, establishing and structuring of franchise networks, transfers and acquisitions, terminations and disputes, Franchising Code of Conduct compliance and international master franchising. Nick is named in Best Lawyers (Franchise Law).