Practical Strategies for Tackling Unfair Contract Terms in Franchise Agreements
OND243N51Z1
Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
*This is an interactive recording, which allows you to claim all your annual CPD points
Chair: Derek Minus, Barrister, Mediator and Arbitrator, Mediation & Arbitration Chambers
In Conversation: Practical Strategies for Tackling Unfair Contract Terms in Franchise Agreements
A robust conversation about the impact of recent changes to the unfair contract regime upon franchising law, together with strategies to manoeuvre in a somewhat ambiguous arena devoid of substantive legislative or judicial direction, but with enormous consequences.
- Practical understanding of unfair contract terms within franchising agreements
- Real-life case studies and practical examples illustrating common pitfalls
- Actionable strategies for identifying, negotiating, and addressing unfair terms
Presented by Simone Pentis, Managing Director, Advantage Partners Lawyers and Elizabeth Gore-Jones, Principal, The Franchise and Business Lawyers
Presenters
Derek Minus
Derek Minus is a barrister-at-law with a specialist practice as a dispute resolver. He holds accreditation as variously a Mediator, Arbitrator, Expert Determiner and Family Dispute Resolution Practitioner (FDRP). He was an early adopter of mediation in 1992 and is a Nationally Accredited Mediator who has conducted over 4,000 mediations and conciliations across all types of disputes. Derek is also graded a Chartered Arbitrator by The Chartered Institute of Arbitrators (UK). Since 2000, he has acted as an arbitrator with variously; 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, a prescribed code under the Competition and Consumer Act 2010. His submissions for improving the operation of the dispute resolution processes in the Franchising Code were adopted by the Commonwealth Parliamentary Joint Committee on Corporations and Financial Services for its publication Fairness in Franchising. He is currently providing an automated process for engaging mediators throughout Australia for the resolution of franchising disputes at: www.franchisingcode.au.
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.
Elizabeth Gore-Jones
Elizabeth Gore-Jones was admitted in 1994 and commenced specialising in franchising law in 2000. She started the 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 in franchise legal practice. 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. Elizabeth advises Franchisors ranging from large Australia wide franchisors through to the smaller franchise systems. As franchising law becomes more complex, Elizabeth is called upon to assist legal practices in representing their clients.