Session Catalogue

Glen Pauline 2

Q&A Session with Glen Pauline – The Franchising Code of Conduct in Focus: The New Code of Conduct


In this Q&A Session, Glen Pauline, Barrister & accredited Mediator discusses the new Franchising Code of Conduct, its purpose and application. Glen also outlines mediation under the Code, the Court’s approach to interpreting provisions under the Code, the effect of Code breaches by the franchisor and relevant cases.



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Full Description

The Franchising Code of Conduct in Focus:  The New Code of Conduct

Master Education Services Pty Ltd v Ketchell [2008] 236 CLR 101
Dorrian v Rushlyn Pty Ltd [2013] FMCA 101
Workplace Safety Australia Pty Ltd v Simple OHS Solutions Pty Ltd
Wang v HACCP Cleaning Australia Pty Ltd [2016] SASC 161
Spar Licensing Pty Ltd v MIS Qld Pty Ltd [2014] FCAFC 50

Discussion points:
• What are the purposes of the Code?
• When does the Code apply?
• Mediation under the Code
• What approach do the Courts take to interpreting provisions of the Code?
• What is the effect of a Code breach by a franchisor?
• What kind of remedies have the Courts given for breaches of the Code?
• Can post-termination restraint clauses imposed on franchisees be valid under the new Code?


The following individuals appear in this session. You can click through to view their profile or to browse the other sessions they have participated in.