Franchising Law: New Law, New Developments
Settle in, because this timely full day conference covers a whole host of critical new developments in franchising law with analysis from leading practitioners, the Franchise Council of Australia, and the ACCC. With the industry facing its second Parliamentary Inquiry, potential new superannuation laws, uncertainly around the impact of the Corporations Act on a franchisor’s right to terminate, the ongoing impact of the recent Fair Work Amendment Act, and increased focus by the regulator
Description
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 5 September 2018
Session 1
New Regulations and Statutory Obligations
Chair: Sean O’Donnell, Partner, HWL Ebsworth; former NSW/ACT State Chapter President, Franchise Council of Australia; Best Lawyers 2019, Franchise Law
9.00am to 10.00am: Parliamentary Inquiry into the Franchising Code of Conduct
The panel will discuss the parameters of the current Parliamentary inquiry into the operation and effectiveness of the Franchising Code of Conduct, its potential outcomes and impacts on the industry.
Panellists:
Andrea Pane, Partner, Piper Alderman; Author, Australian Commercial Precedents: Franchising Precedents, Thomson Reuters
Corinne Attard, Partner, Holman Webb Lawyers; Best Lawyers 2019, Franchise Law
Mary Aldred, CEO, Franchise Council of Australia
10.00am to 11.00am: Fair Work Amendment (Protecting Vulnerable Workers) Act 2017: Practices and Procedures
- Impacts of the legislation for franchise arrangements
- Ongoing franchisor obligations: what practices and procedures should be implemented
- Reporting and auditing practices
- Some recent decisions
- Questions we are frequently asked
Presented by Gerard Phillips, Partner, K&L Gates: Best Lawyers 2019, Labour and Employment Law; Leading Workplace Health & Safety Lawyers, Doyle’s Guide 2018
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Future Legislative Developments
- Increased obligations on franchisors around franchisee’s payment of superannuation: Treasury Laws Amendment (2018 Measures No. 4) Bill 2018
- Corporations Act 2001 (ipso facto provisions): Does it restrict the franchisor’s right to terminate the agreement if the franchisee business becomes insolvent?
Presented by Anne MacNamara, Partner, Hall & Wilcox; Best Lawyers 2019, Superannuation Law and Jacqui Barrett, Partner, Hall & Wilcox
12.15pm to 1.15pm: INSIGHTS FROM THE ACCC: ACCC's Current Enforcement and Compliance Activities in the Franchise Sector
- Recent enforcement action
- Compliance checks
- Education and engagement activities
Presented by Kristie Piniuta, Director, Small Business & Industry Codes, Australian Competition & Consumer Commission
Session 2
Franchising Agreements and Internal Operational Processes
Chair: Tim Mak, Franchise Practice Leader, LegalVision
2.00pm to 3.00pm: Disclosure Obligations and Marketing Funds Audit Laws: Tips and Best Practice to get it Right!
- A Franchisor’s minimum obligations under the Code
- Annual disclosure document updating requirements: what needs to be done and what often gets missed
- Can a franchisor avoid updating its disclosure document annually?
- Ongoing disclosure and change to materially relevant facts
- Marketing funds: What needs to be done and what is the ACCC's view
Presented by Sean O’Donnell, Partner, HWL Ebsworth; former NSW/ACT State Chapter President, Franchise Council of Australia; Best Lawyers 2019, Franchise Law and Massimo Di Maio, Associate, HWL Ebsworth
3.00pm to 4.00pm: Franchise Transactions and Arrangements
- Forced franchisee sales: practical tips for franchisees that need to sell
- Franchisor buy backs: how they work and what to look out for
- Impact of recent legislation, action by the ACCC and other cases on the franchise agreement and arrangements
- Territories
- Fees
- Premises arrangements
- Preferred supply arrangements
- Unilateral variations by franchisors
- End of term arrangements
- Termination
Presented by Andrea Pane, Partner, Piper Alderman; Author, Australian Commercial Precedents: Franchising Precedents, Thomson Reuters
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: IP, Advertising, Privacy and the Franchise Relationship
- The importance of brand protection and enforcement
- Social media in franchising: risks and rewards
- Mandatory data breach implications for Franchisors
Presented by Judith Miller, Commercial National Practice Leader, WRAYS; Best Lawyers 2019, Franchise Law