8.30am – 10:35am AEDT
OPENING PLENARY
8.30am – 8:40am AEDT
Official Opening – Opening & Welcome
Mary Aldred, CEO, Franchise Council of Australia
8.40am – 9:00am AEDT
ACCC Update
Mick Keogh, Deputy Chair , ACCC
9:00am – 9.50am AEDT
Regulatory and strategic update
An expert panel will discuss the effect of recent changes to the Franchising Code of Conduct and key strategic challenges for franchisors. This session will explore the forthcoming Franchise Disclosure Register; approaches to new items of disclosure including rebates and capital expenditure; marketing fund compliance and reporting; and the strategic agenda for franchise systems in a constantly changing environment.
Stephen Giles, Partner, Norton Rose Fulbright
Raynia Theodore, Partner, MST Lawyers
Sean O’Donnell, Partner, HWL Ebsworth
Nick Rimington, Special Counsel, Norton Rose Fulbright
9:50am – 10.35am AEDT
Practical compliance and enforcement issues for franchise networks
This session will provide a practical update on best practice enforcement and compliance issues for franchise networks including compliance programs and positive management of compliance within franchise networks and regulator attitudes post Covid.
Tamra Seaton, Director, MDS Legal
Kristie Piniuta, Managing Director – Law, BDC
Maija Kerry, Partner, Norton Rose Fulbright
10.35am – 11.05am AEDT
MORNING TEA
11.10am – 11.50am AEDT
CONCURRENT SESSIONS
WHS compliance for franchisors and their franchised networks within a changing legal risk environment
In this presentation, Aaron will discuss the significant shift in WHS enforcement across Australian in recent years, including by reference to the introduction and prosecution of industrial manslaughter.
Aaron will discuss emerging risk areas, including in respect of sexual harassment and other psychosocial hazards, and the heightened compliance imperative for franchisors and their franchised networks in the WHS space in the current risk environment.
Facilitator: Ceri Clark, General Counsel & Company Secretary, Retail Zoo
Speaker: Aaron Guilfoyle, Special Counsel, MacDonnells Law
Master Franchising Update
This session will cover the legal and practicable ramifications of master franchising in Australia from the current requirements of the Franchising Code of Conduct to the contractual and operational aspects including the necessity for a tripartite franchise agreement between the head franchisor, the sub franchisor and the franchisee and problems if the sub franchisor [ie master franchisee] is not chosen carefully and “controlled” by the head franchisor.
Facilitator: Derek Sutherland, Partner, HWL Ebsworth Lawyers
Speaker: Richard Solomon, Director, Richard Solomon Commercial Lawyers
Breach and termination workshop
This session will cover best practice techniques for managing franchisee non-compliance, ranging from early stage performance management through to breach and termination. Our panel will explore topical case studies from both a disputes and front-end perspective.
Facilitator: Philip Colman, Partner, MST Lawyers
Panellist: Shaun Temby, Partner, Maddocks
Panellist: Nick Rimington, Special Counsel, Norton Rose Fulbright
11.55am – 12:35pm AEDT
CONCURRENT SESSIONS
Giving Back: Navigating the charitable fundraising landscape to maximise impact and ensure legal compliance
People give for a variety of reasons – to support a cause, to show they care, to give a lift to a community in crisis. Franchised businesses have a unique opportunity to support and facilitate charitable fundraising efforts, whether this be at a local community or a broader network level. However, good deeds do not operate outside the bounds of legal and regulatory compliance. In this session, Darren and Elizabeth will consider the various legal requirements at play when running a charitable fundraising campaign and ensure you can confidently run a campaign that is compliant.
Facilitator: Ceri Clark, General Counsel & Company Secretary, Retail Zoo
Panellist: Rebecca Barber, Lawyer, Gilbert + Tobin
Panellist: Elizabeth Lathlean, Senior Lawyer, Gilbert + Tobin
Employment Law Update for Franchisor – Revisiting the “Responsible Franchisor” obligations five years on
In 2017, the Fair Work Act 2009 was amended to impose specific liability for “Responsible Franchisors” in respect of breaches of workplace laws by franchisees within their network. The amendments require franchisors to take reasonable steps to prevent potential breaches.
Five years later, the Fair Work Ombudsman continues to closely monitor the franchise sector, including franchisors’ compliance with their relatively new obligations.
In this session Cassie will discuss:
the proposed expansion of wage theft laws and what this will mean for franchisors
Facilitator: Megan Jongebloed, Director, Cowell Clarke
Speaker: Cassie Burfoot, Special Counsel, Cowell Clarke
Financial distress in your system – How is the current economic situation impacting franchise networks?
In this session we will discuss the current economic factors and the challenges and opportunities this presents for franchise networks. We will provide a refresher on the insolvency process, as well as the directors duties that franchisors must keep in mind in connection with the financial position of their organisation and the importance of ensuring franchisees are also aware of these obligations. Finally, we will discuss practical tips for managing franchisees that are in financial distress.
Facilitator: Jenna Scott, Special Counsel, Norton Rose Fulbright
Speaker: Richard Hughes, Partner, Deloitte
12.35pm – 1.15pm AEST
LUNCH
1:20pm – 2.00pm AEDT
CONCURRENT SESSIONS
Arbitration as dispute resolution: why, when, how and who
This practical session considers why parties may wish to use arbitration to resolve a dispute, when this might be selected, how parties can ensure it is used as contemplated and who could be appointed to arbitrate the dispute.
Facilitator: Alicia Hill, Principal, MST Lawyers
Panellist: Dr. Craig Latham, Australian Small Business and Family Enterprise Ombudsman’s Office
Panellist: Vasantha Stesin, Graded Arbitrator, Mediator and Lawyer
Insurance Risks – Learn about major financial risks in franchising and how the right insurance policies and strategies reduces exposure – for Franchisors, Franchisees & their Lawyers.
This session will focus on some of the main insurance risks to be aware of in franchising (franchisors, franchisees and lawyers), and then you will be presented with insurance strategies to mitigate these risks, to ensure your client and you are both aware and protected. This session will also discuss some of the learnings from Covid and new developments that you may want to consider when structuring or drafting your franchise documents.
Facilitator: Simone Pentis, Managing Director, Advantage Partners Lawyers
Speaker: Paul Benjamin, Managing Director, Benjamin & Benjamin Insurance Group
Buying a franchise system – assess and understand the risks
Key things to be aware of when purchasing an existing franchise system (in Australia). The matters that need to be attended to during due diligence, both legal and practical. What to include in your letter of offer. Understanding the legal process and compliance issues to be aware of.
Facilitator: Allison McLeod, Partner, HWL Ebsworth
Panellist: Rob Guy, Director and General Manager, Inspirations Paint
Panellist: Lisa Anaf, Partner, Mills Oakley
Panellist: Maryclare Cassisi, Legal Counsel, Concept Eight Pty Ltd
2.05pm – 2:45pm AEDT
CONCURRENT SESSIONS
Retail Shop Rentals Post COVID-19 Impact – Where are we heading?
Facilitator: Derek Sutherland, Partner, HWL Ebsworth Lawyers
Speaker: Phil Chapman, Director & Founder, Lease1
Franchisor to the rescue! A practical consideration of the legal and operational issues which arise when a franchisor buys a franchisee’s business.
Over the past 12 months Godfreys has implemented a buy-back of many franchise stores within its franchise network. Megan Jongebloed, Director at Cowell Clarke and Pamela Hausmann, Franchise Administration Manager at Godfreys will use the Godfreys experience as a case study to work through the legal and operational issues which arise when a franchisor purchases a franchisee’s business. This session will cover:
Facilitator: Megan Jongebloed, Director, Cowell Clarke
Speaker: Pamela Hausmann, Franchise Administration Manager, Godfreys
Territory & Online Sales: Considerations in Structuring, Drafting and Advising Franchisors and Franchisees
This session will look at current and future positions and trends with respect to Territories and Online Sales. How these concepts legally interact and need to be dealt with when structuring documents and/ or providing advice. The impact of and lessons from Covid as well as other practical considerations and tips when dealing with Territories and Online Sales will also be covered.
Facilitator: Simone Pentis, Managing Director, Advantage Partners Lawyers
Panellist: Andrea Hetherington, Special Counsel, McInnes Wilson
Panellist: Marshall Bromwich, Partner, Norton Rose Fulbright
2:45pm – 3.15pm AEDT
AFTERNOON TEA
3.20pm – 5.45pm AEDT
PLENARY SESSION
3.20pm – 4.00pm AEDT
Supply Arrangements – (Supply Chain interruptions, force majeure clauses and modern slavery)
In this session we will cover:
Modern slavery laws and the increasing importance of implementing appropriate measures in your supply chain
Maija Kerry, Partner, Norton Rose Fulbright
Abigail McGregor , Partner, Norton Rose Fulbright
4.00pm – 4.05pm AEDT
Recent Legislation in New Zealand Affecting Franchising
Stewart Germann, Partner, Stewart Germann Law
4.05pm – 4.40pm AEDT
Data sharing, Ransomware and Cybersecurity – What Franchise Networks Need to Know
The year 2022 has continued to bring changes to the data protection and cybersecurity space. With privacy law reform on the horizon, an ever increasing number of ransomware and cybersecurity incidents, and the proliferation of online platforms and data sharing within franchise networks – there has never been a more important time for networks to ensure that their data practices are on point.
This session will focus on practical considerations for:
in the context of the current regimes, upcoming reform and common cybersecurity incidents.
Speaker: Bronwyn Furse, Partner, Thomson Geer
4:40pm – 5.40pm AEDT
Case Update – including Recent Actions taken by ACCC
| The panel will examine and discuss 4 recent Court cases involving franchisors. The panel will provide key take away points from each case to assist franchisors manage legal risk and Code compliance. In addition, the panel will provide a debrief on recent high profile ACCC Court proceedings against franchisors and discuss what can be learnt from those actions, pending a final Court decision. |
Melissa Hanbidge , Partner, HWL Ebsworth Lawyers
Philip Vickery, Partner, K & L Gates
Alicia Hill, Principal, MST Lawyers
5.40pm – 5.45pm AEDT
Closing remarks
Mary Aldred, CEO, Franchise Council of Australia
Please note program is subject to change.
CERTIFIED FRANCHISE EXECUTIVE (CFE)
A maximum of 225 CFE education points toward the Certified Franchise Executive (CFE) qualification are awarded for participation in the FCA Legal Symposium.
