Franchising Law: Critical Lessons and Key Changes
Issues covered include: Parliamentary inquiry, dispute resolution, compliance activities,
Description
With the Franchising Inquiry set to shake up and overhaul the entire sector, this timely program analyses the key changes and how you should update your practices and procedures. The ACCC and leading practitioners working at the coalface of these changes will share the practical insights you need to implement in your day to day work right now.
Attend and earn 3 CPD hours in Substantive Law
This seminar was recorded in NSW on 11 September 2019
Chair: Sean O’Donnell, Partner & National head of Franchising and Retail Group, HWL Ebsworth; former NSW/ACT Chapter President and National Board Director, Franchise Council of Australia; Best Lawyers 2019, Franchise Law
2.00pm to 2.45pm: Critical Franchising Update in Light of the Inquiry’s Recommendations
The Report from the Parliamentary Inquiry into Franchising – Fairness in Franchising – contained extensive recommendations for changes to the Franchising Code of Conduct with significant potential implications for the franchise sector.
- Essential analysis of the recommendations and the likely impact on franchise networks
- New developments since the report was released in March 2019 and possible legislative and industry changes arising from the recommendations
Presented by Maija Kerry, Special Counsel, Norton Rose Fulbright
2.45pm to 3.30pm: Creation of Better Dispute Resolution Processes in Franchising
- How to improve the process of dispute resolution
- Binding arbitration with capacity to award remedies, compensation, costs
- A guide to undertaking multiple resolutions as a group where appropriate
Presented by Derek Minus, Barrister, Chartered Arbitrator & Accredited Mediator, Mediation & Arbitration Chambers; former Franchising Mediation Adviser, Office of the Franchising Mediation Adviser
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: CRITICAL INSIGHTS FROM THE ACCC: The ACCC's Current Enforcement and Compliance Activities in the Franchise Sector
- Recent enforcement action
- Recent compliance checks focusing on the cafe, restaurant and food services industry
- Education and engagement activities
- Insights regarding the Inquiry
Presented by Kristie Piniuta, Director, Small Business & Industry Codes, Australian Competition & Consumer Commission
4.30pm to 5.15pm: PRACTICAL GUIDANCE FROM THE PANEL: Putting it all Into Practice: Disputes, Risk and Best Practice Compliance
- Working with franchisors and franchisees
- Adopting a mindset to deal with problems between franchisors and franchisees
- Practical techniques to improve the working relationship between the two
- Handling legal disputes efficiently and effectively through the available legal processes
- Dealing with ambiguities in the Franchising Code of Conduct
- Understanding what ‘good faith’ really means
- Reducing risk: best practice compliance
- Disclosure documents
- Marketing fund audit accounts
- How you can protect yourself and your franchise agreements without contravening legislation
Facilitator and Panellist:
Sean O’Donnell, Partner & National head of Franchising and Retail Group, HWL Ebsworth; former NSW/ACT Chapter President and National Board Director, Franchise Council of Australia
Panellists:
Racha Abboud, Principal, Macpherson Kelley; Franchise Council of Australia NSW Chapter Committee Member and Women in Franchising Committee Member and Former Chairperson
Derek Minus, Barrister, Chartered Arbitrator & Accredited Mediator, Mediation & Arbitration Chambers; former Franchising Mediation Adviser, Office of the Franchising Mediation Adviser
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates