Derek is a senior lawyer with over 30 years’ experience specialising in business law, with a particular emphasis on franchising, retail and distribution and automotive.
Derek assists overseas master franchisors, franchisors, master franchisees and franchisees in all aspects of franchise law including due diligence and acting for parties in mergers and acquisitions, drafting code compliant franchise documentation, preparing trade practices compliance programs, issuing transaction documentation, and providing strategic advice on compliance with the Franchising Code of Conduct and the Competition and Consumer Act 2010. This includes advice on contract law and specific issues such as complying with obligations under the Code.
Derek is considered one of the country’s leading franchising lawyers. He has been recognised by Best Lawyers Australia™, Who’s Who Legal and the Franchise Council of Australia’s Excellence in Franchising Awards.
He has served as long standing Chairman of the Legal Committee of the Franchise Council of Australia since 2010 as well as Chairman of the Queensland Law Society Franchising Committee. He is a longstanding member of the ACCC Franchising Consultative Committee.
Derek joined Keypoint in 2023 and is based in Brisbane.
Expertise
- Franchising, including drafting documentation for franchise systems, disclosure documents, franchise agreements and advice on all aspects of the Franchising Code of Conduct including grants, renewals, transfers, breaches, terminations, disputes and end of term issues
- Acting for distributors and OEM in automotive and marine
- Acting across industries including FMCG, food and retail, service, mobile and site based franchise systems
- Licensing and Distribution
- Business Law – Establishing structures and commercial agreements for business
- Intellectual property protection, exploitation and enforcement
- Drafting and negotiating commercial agreements
- Dispute resolution
Experience
- Due diligence and acting for a client in the acquisition of a large established franchise network including drafting new documentation and issues regarding assignment;
- Preparing and issuing franchise and master franchise documentation for franchise in New Zealand, Singapore and other Asian countries;
- Establishment of franchise documentation for new franchise systems in Australia;
- Acting for distributors and OEM on drafting documentation and automotive sector issues;
- Advising on breaches and terminations and issues concerning renewal and non renewal of franchises at end of term; and
- Conducting a review and preparing an annual audit report of franchise compliance for a company required as a condition of the company giving an S87B undertaking to the ACCC.
Recognition
- Bachelor of Law and Bachelor of Commerce, The University of Queensland;
- Long standing Chair, Legal Committee of the Franchise Council of Australia since 2010;
- Member of the Small Business Committee of the Law Council of Australia;
- Member and Chair of the Queensland Law Society Franchising Committee;
- Current long-standing member of the ACCC Franchising Consultative Committee;
- Best Lawyers in Australia™, Franchise Law (since 2014); and
- Winner, FCA Excellence in Franchising Awards – National Contribution to Franchising Award, 2013 and 2011.
Career
| 2023 | Keypoint Law | Consulting Principal |
| 2012 – 2023 | HWL Ebsworth | Partner (final role) |
| 2010 – 2012 | Icon Law | Director |
| 2000 -2010 | Dibbs Barker | Partner, Head of Corporate Advisory |
| 1993 – 2000 | Barwicks Lawyers | Partner |
| 1989 – 1993 | Morris Fletcher and Cross (now Minter Ellison)| Articled Clerk and Solicitor |