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.
- 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)
- 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
Allison McLeod, Partner, HWL Ebsworth Lawyers; Recognised in Best Lawyers Australia for Franchise Law
- 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
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Allison McLeod, Partner, HWL Ebsworth Lawyers
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, Partner, Thomson Geer
Bronwyn Furse is a commercial lawyer with specialist expertise in the areas of privacy, data protection and cybersecurity, and intellectual property amongst others. Her practice traverses public and private industry sectors including financial services, government, health, health tech and other technology providers, manufacturing, automotive, higher education, health, manufacturing, energy and resources, from start-ups through to multinational groups. Working with multinational groups means Bronwyn's work involves complex cross border work, and understanding of relationships between various local and offshore privacy regimes. In relation to privacy, data protection and cybersecurity she routinely provides advisory services, manages data breaches, complaints and investigations, assists with contractual negotiations, develops compliance frameworks, undertakes audits, conducts privacy impact assessments, and delivers tailored training. Bronwyn is on the Australia and New Zealand advisory board for the International Association of Privacy Professionals, as well as the Licensing Executives Society. She is routinely recognised by her peers as one of the Best Lawyers in Australia in the areas of Privacy and Data Security Law, Intellectual Property Law and Franchise Law, and in Doyle’s Guide as a recommended lawyer in the areas of Intellectual Property and in Technology, Media & Telecommunications Law.
Nick Rimington, Partner, Norton Rose Fulbright Australia
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).
Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers
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.