Franchise Council of Australia

Legal Symposium 2020

PROGRAM – Wednesday 18 November

10:00am – 1.30pm AEDT

OPENING PLENARY

10:00am – 10:10am AEDT

Welcome and Symposium Opening

Mary Aldred, CEO, Franchise Council of Australia

10:10am – 11:40am AEDT

Changes to the Franchising Code – New Code compliance requirements

Speakers:

Mary Aldred, CEO, Franchise Council of Australia

Stephen Giles, Partner, Norton Rose Fulbright

Derek Sutherland, Special Counsel, HWL Ebsworth

Craig Cawood, Senior Vice President, General Counsel and Franchise Relationship Officer, McDonalds Australia

Moderator:

Penny Ward, Baker McKenzie

11:40am – 11.45am

BREAK

11:45am – 12:30pm AEDT

Case Update

Speakers:

Chris Nikou, Partner, K&L Gates

Philip Colman, Partner, MST Lawyers

12:35pm – 1:30pm AEDT

Dispute Resolution – the proposed new regime – conciliation, multi-party disputes and arbitration

Speakers:

Craig Latham, ASBFEO

Bianca Keys, Bianca Keys Dispute Resolution Consulting

Moderator:

Alicia Hill, Partner, MST Lawyers

1:30pm – 2.00pm

LUNCH BREAK

2:00pm – 2.45pm

CONCURRENT SESSIONS

Stream 1 – Drafting Masterclass – Franchise Agreements Stream 2 – Alternative expansion strategies Stream 3 – Network Transformation Stream 4 – International – USA and Canada Stream 5 – In house Counsel Stream 6 – Franchise Fundamentals 101 – Franchisee transfers
Fundamental clauses, tips, traps and drafting for changes proposed to the Code.

Speakers:

Bronwyn Furse, Partner, Thomson Geer

Maija Kerry, Special Counsel, Norton Rose Fulbright

Loans, capital contributions and debt to equity conversions – how to structure and securitise franchisor funding in traditional, JV and partnership franchising expansion strategies.

Speakers:

Greg Hipwell, Partner, Maddocks

Moderator:

Mira Martin, Senior Associate, Maddocks

Taking a franchise system from family dynasty to corporate.

Speakers:

Alexandra Coleman, General Counsel, White Family Office

Andrew Jensen, COO, “The Agency”

Josh Simons, Partner, Thomson Geer

An overview of franchising in USA and Canada

Economic conditions and impact of COVID 19

Market entry laws and regulation of franchising

Key compliance requirements

Noteworthy trends about doing business in these jurisdictions

Speakers (pre-recorded):

Lee Plave, Partner, Plave Koch PLC -USA

Larry Weinberg, Partner, Cassels Brock & Blackwell LLP – Canada

Moderator:

Stephen Giles, Partner, Norton Rose Fulbright

 

‘Things that make you go…hmmmm” – a view from the street’ – an open and honest discussion by inhouse counsel of things that they find challenging and rewarding in a franchise system.

Speakers:

Brett Dingli, Craveable Brands

Kristen Hooke, Norton Rose Fulbright

A practical fundamentals on dealing with franchisee transfers in a system – what you need to know and do – tips and traps.

[Target audience fundamentals for junior lawyers and all levels]

Matt Webster, Norton Rose Fulbright

2:45pm – 2:55 pm

BREAKOUT TO NEXT CONCURRENT

2:55pm – 3:40 pm

CONCURRENT SESSIONS

Stream 1 – Drafting Masterclass – Disclosure Documents Stream 2 – Investment funding and M&A Stream 3 – Competition and Consumer Law Stream 4 – Insolvency Stream 5 – Intellectual Property Stream 6 – Franchise Fundamentals 101- Termination
Fundamentals, tips and traps and drafting for proposed changes to the Code.

[Target audience fundamentals all levels including junior lawyers]

Speakers:

Louise Wolf, Senior Associate, MST Lawyers

Matt Rowe, Partner HWL Ebsworth

M&A, listings and capital raisings  in franchise systems

Speaker:

Marshall Bromwich, Partner, Norton Rose Fulbright

Restrictive trade practices in a franchising context (including pricing and supply chain structuring) – the things you need to know

Fiona Wallwork, Consultant, Maddocks

COVID19 and the new insolvency landscape – practical issues.

Speakers:

Barry Kogan, Partner, McGrath Nicol

Danielle Funston,  Partner, Maddocks

Moderator:

Christopher Marsh, Senior Associate, Maddocks

 

Critical review of recent important IP cases/ developments and the 5 myths of IP protection

Speaker:

Luke Dale, Partner, HWL Ebsworth

Fundamentals on how and when an agreement can be terminated and the proposed early exit right.

[Target audience fundamentals for junior lawyers and all levels]

Speakers:

Warren Scott, Partner Mills Oakley

Tamra Seaton, Director, MDS Legal

3:40pm – 3:50 pm

BREAKOUT TO NEXT CONCURRENT

3:50pm – 4:30 pm

CONCURRENT SESSIONS

Stream 1 – International –Europe, UK, South Africa and Africa Stream 2 – Retail Leasing Stream 3 – Technology Stream 4 – Retail Stream 5 – Restraints of Trade and goodwill Stream 6 – Franchising Fundamentals 101 – Renewals
An overview of franchising in Europe, the UK South Africa and Africa

Economic conditions and impact of COVID 19

Market entry laws and regulation of franchising

Key compliance requirements

Noteworthy trends about doing business in these jurisdictions

Speakers (pre-recorded):

Mark Abell, Partner Bird & Bird

Rosalind Lake, Partner, Norton Rose Fulbright South Africa Inc

Moderator:

Stephen Giles, Partner, Norton Rose Fulbright

A franchise lawyers guide to retail leasing post Covid-19.

Speakers:

Evelyn Marcou, Senior Associate, MST Lawyers

Sam Hopper, Barrister, VicBar

Data, disruption and technology in franchising

Speaker:

Nick Abrahams,  Norton Rose Fulbright

Retail 2021 – Upside down and inside out

Speaker:

James Stewart, Partner, KPMG

 

You can’t do that! – the good, the bad and the ugly truth about restraints of trade and goodwill.

Speakers:

Sean O’Donnell, Partner, HWL Ebsworth

Philip Colman, Partner,  MST Lawyers

The fundamentals of “end of term notices” – holding over and renewal of a franchise.

[Target audience fundamentals for junior lawyers and all levels]

Speaker:

Corinne Attard, Consulting Principal Keypoint Law

 

4:40pm – 5:40 pm AEDT

CLOSING PLENARY

4:40pm – 5:30pm AEDT

Practical Ethics

CPD POINTS: Depending on your State professional requirements this should qualify for a 1 hour CPD Ethics point

Ethical lessons for lawyers – from A – X

The authors of the best-selling Lawyer X book – Anthony Dowsley and Patrick Carlyon – will chat with Stephen Giles and Andrew Wiseman and provide an interesting insight into how a legal career can unravel, and the administration of justice can be prejudiced, when ethical issues are overlooked. 

5:30pm – 5:40pm AEDT

Closing remarks

PROGRAM – Thursday 19 November

2:00pm – 3:10 pm AEDT

OPENING PLENARY

2:00pm – 2:10pm AEDT

Opening remarks

Mary Aldred, CEO, Franchise Council of Australia

2:10pm – 3:10pm AEDT

Unfair Contract Terms, Good faith and Unconscionable Conduct

Speakers:

Penny Ward, Partner, Baker McKenzie

Josh Simons, Partner, Thomson Geer

3:15pm – 4:40 pm AEDT

ROUNDTABLE SESSIONS

Roundtables are discussions between attendees led and facilitated by the nominated Roundtable host.

3:15pm – 3:40 pm AEDT

ROUNDTABLE SESSION 1

3:45pm – 4:10 pm AEDT

ROUNDTABLE SESSION 2

4:15pm – 4:40 pm AEDT

ROUNDTABLE SESSION 3

4:45pm – 5:30 pm AEDT

CONCURRENT SESSIONS

Stream 1 – Litigation and class actions Stream 2 – Marketing Funds, Financial statements and Audit reports Stream 3 – Modern slavery and supply chain integrity Stream 4 – International –Franchising in Asia Stream 5 – S87B Court Enforceable Undertakings Stream 6 – Franchising Fundamentals 101 – Advising a Franchisee buying a franchise
Class actions and major litigation

Speakers:

Nigel Jones, Partner, Norton Rose Fulbright

Rob Craig, Barrister, Victorian Bar

Best practice compliance in marketing funds

Speakers:

Kristie Piniuta, ACCC

Auditor – John Droazio, Partner, Walker Wayland WA

Derek Sutherland, Special Counsel, HWL Ebsworth

Dealing with Risk, COVID 19, Quality Assurance issues, recalls, freight and logistics

Speakers:

Abigail McGregor, Partner, Norton Rose Fulbright

An overview of franchising in China, Taiwan, Hong Kong, Malaysia, Indonesia and Singapore

A discussion of experiences franchising in Asia

Economic conditions and impact of COVID 19

Regulation of franchising

Key compliance requirements

Noteworthy trends about doing business in these jurisdictions

Speakers (pre-recorded):

Tao Xu, Partner, DLA Piper (China, Taiwan and Hong Kong)

Stephen Giles, Partner, Norton Rose Fulbright (Malaysia, Indonesia and Singapore)

Moderator:

Stephen Giles, Partner, Norton Rose Fulbright

Lessons learned from Husqvarna, Bob Jane Corporation and Ultra Tune – how compliance programs work and what is involved.

Speaker:

Raynia Theodore, MST Lawyers

The fundamentals of advising a franchisee buying a franchise

Speakers:

Simone Pentis, Director, Advantage Partners

Richard Solomon, Richard Solomon Lawyers

5:35pm – 5:40 pm AEDT

CLOSING PLENARY

5:35pm – 5:40pm AEDT

Closing remarks

Mary Aldred, Chief Executive Officer, Franchise Council of Australia

Derek Sutherland, Special Counsel, HWL Ebsworth

Please note program is subject to change.

CERTIFIED FRANCHISE EXECUTIVE (CFE)

220 CFE education points toward the Certified Franchise Executive (CFE) qualification are awarded for participation in the Legal Symposium.