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Andrew Terry

Andrew Terry - Australian School of Business 

LLM (Hons) Canterbury, New Zealand

LLB (Hons) Canterbury, New Zealand

Solicitor, New Zealand, NSW

Emeritus Professor

Phone:

 

Fax:

+61 2 9313 6658 

Room:

2054B 

Address:

Quadrangle building

Andrew Terry joined the School of Business Law and Taxation in 1975 from the Faculty of Law, University of Canterbury, New Zealand. In 2009 Andrew retired as Head of School, a position he held for over 15 years and was appointed as Emeritus Professor. His research and professional activities are focussed on the franchising sector.

 

He is the Governor of the Franchise Academy, a former director of Franchise Council of Australia, the head of the judging panel for the National Franchising Awards and is the architect of the sector's national education programs. He has been awarded the Franchise Council of Australia's special award for 'Outstanding contribution to Franchising' and has been inducted into the Australian Franchise Hall of Fame.

Publications

  • The Development of China's Regulatory Regime for Foreign Franchisors (2008) (with Zhiqiong Wang) 38 pages. Submitted for review
  • Where's the Beef? Why Burger King is Hungry Jacks in Australia and other complications in building a global franchise brand (2008) 28 Northwestern Journal of International Law and Business 171-214 (with Heather Forrest)
  • The Development of Franchising in China (2008) 15 Journal of Marketing Channels (with Zhiqiong Wang and Mingxia Zhu), in press
  • China's Long March to a Franchise Law: The 2007 Franchise Regulation [2007] LAWASIA Journal 79 (with Zhiqiong Wang)
  • Comparison of Finnish, American and New Zealand Franchisee Satisfaction (2006) 5 International Business & Economics Research Journal 25 (with Frank Wadsworth, Dough Haines, John Paynter, and Mika Tuunanen)
  • Franchising, Relational Contracts and the Vibe (2005) 33 Australian Business Law Review 289
  • Life after the Code: The Impact of the Franchising Code of Conduct on the Australian Franchise Sector. The Franchise Review, Sept-Nov 2004
  • Franchising in China, Franchising Magazine, Nov-Dec 2004
  • Franchise Network Expansion: Options, Opportunities, Challenges, Australian Franchise Directory, 2004
  • Franchise Sector Regulation: the Australian Experience, 2003/2004 LawAsia Journal, 57
  • When a Computersation Project Goes Wrong: Legal Liability for Defective IT Systems Under s52 of the Trade Practices Act, (2002) 16(4) Commercial Law Quarterly 3 (with Leif Gamertsfelder)
  • Factors Affecting Franchise Agreement Termination: Lessons For The Franchising Sector (2002) 13 Journal of Small Business Strategy 105 (with Dr Lorelle Frazer)
  • The e-business challenge to franchising (2002) 30 Australian Business Law Review, 227
  • Franchising, the Internet and the Emerging Issue of Encroachment, Singapore Law Gazette, July 2001, 24
  • Unfairness and Adfund Expenditure, (2000) 2 Franchising Law and Policy Review 61
  • The Complete Guide to Franchising, Commonwealth Bank of Australia, 1999
  • Franchise Your Business. Do It Now! In Chief Executive China. August 1999, 28] (in Chinese)
  • Conflict Minimisation and Resolution in Franchising Relationships in Chief Executive China, January 1999, 36.] (in Chinese)
  • The New Regulatory Environment for Australian Franchising, in Franchising Law and Practice Seminar Papers, Leo Cussen Institute, Melbourne 1998
  • The Implications of the Small Business Unconscionability Regime for the Franchising Sector, in Franchising Seminar Papers, BLEC, 1998
  • Unconscionable Conduct and the Franchising Code in Franchising Code of Conduct, College of Law NSW, 1998
  • The Background to the New Deal: Fair Deal Reform Package for Franchising (1998) 1 Franchising Law and Policy Review 3 (with Des Giugni)
  • …. Continued Flouting of the System Will Put Your Franchise in Jeopardy … (1998), Franchising Law and Policy Review 9 (with Des Giugni and Prudence Smith)
  • Franchisor's Representations in the Course of the Continuing Relationship: The Mobil Litigation (1998) 1 Franchising Law and Policy Review 11 (with Des Giugni)
  • Uncertainty, Unfairness and Unconscionability: Another Chapter in the Cut Price Deli Saga (1998) 1 Franchising Law and Policy Review 61
  • A Self-Regulatory Regime for Franchising: the Australian Experience (1997) 2 Franchising Research: An International Journal 123
  • Cloning the Model Business: The Genius of Franchising, Australian Franchising, February/March 1997, (lead article)
  • Freedom of Contract, Business Format Franchising and the Problem of Goodwill (1995) 23 Australian Business Law Review 241 (with Des Giugni)

 

Conference papers

 

  • Asia's Next Franchising Frontier: Good Morning Vietnam! 22nd International Society of Franchising Conference St Malo, France Accepted for presentation June 2008
  • Structuring a Franchise Plan: Keys to Building a Franchise Model, Franchise India 2007, New Delhi, 11 December 2007
  • Understanding Regulation and Compliance, Franchise India 2007, New Delhi, 12 December 2007
  • Franchise Regulation Internationally, International Symposium, National Franchise and Small Business Convention, Melbourne 11 October 2007
  • Franchise Regulation and Risk Management, Legal Symposium, National Franchise and Small Business Convention, Melbourne, 10 October 2007
  • Franchise Regulation in the APEC Region, World Franchise Council Symposium, Melbourne, 9 October 2007
  • Franchising in Vietnam, 20th Annual LAWASIA Conference 5-8 June 2007, Hong Kong
  • A Census of Franchise Regulation Internationally, 21st International Society of Franchising Conference, Las Vegas US February 2007
  • Regulating Franchising Internationally, 2006 China Franchise International Summit, Zhuhai China, November 2006
  • Regulating Franchising Internationally, 2006 China Franchise International Summit, Zhuhai China, November 2006
  • Franchising a Business Concept, LexisNexis Hot Topics in Franchising Law, Brisbane, Qld, 27 September 2006
  • Franchise Development and Regulation in China, 7th LAWASIA Business Law Conference and China Law Society Conference, Hohhot Inner Mongolia Autonomous Region, China, 10-15 July 2006
  • Developing Entrepreneurship, Perhadanan Nasional Berhad, Kuala Lumpur, 19 June 2006
  • From Mao to Maccas: Economic, Legal and Political Influences on the Development of Franchising in China, 2006 Macromarketing Conference, Queenstown, New Zealand, June 2006 (with Zhiqiong Wang)
  • International Branding Issues in International Franchising, 20th International Society of Franchising Conference, Palm Springs, US February 2006
  • The Development of Franchising in China, International Society of Franchising Conference, Palm Spring US (with Zhiqiong Wang and Mingxia Zhu), February 2006
  • Innovation in the Booming Market for Franchising in China, 20th Annual International Society of Franchising Conference, Palm Springs Los Angeles, 24 February 2006 (with Liu, Kong, Wang, Hou Wang and Tang)
  • Comparison of Finnish, American and New Zealand Franchisee Satisfaction 2005 International Business & Economics Research Conference, Las Vegas, October 2005 (with others)
  • The Inside Story of the Lenards Case: Why did the Chicken Cross the Road? Australian National Franchise Convention, Canberra, 30 October 2005
  • How to Co-operate with Foreign Franchisors in China, China International Franchise Forum, Shanghai, 7 September 2005
  • Co-branding, Malaysia International Franchise Conference, Kuala Lumpur, 11 August 2005
  • The Framework for Franchising in China, German Franchise Conference Cologne, 24 May 2005
  • Franchising in the New China: The Regulatory Environment for Foreign Franchisors, 19tth International Society of Franchising Conference, London, May 2005 (with Zhiqiong Wang)
  • Franchise Development in Vietnam and Regulatory Options: Lessons from Australia, Vietnam Franchise Forum, Hanoi, November 2004
  • Trends in International Franchising Development and Regulation, China Chainstore and Franchise Association, International Franchising Forum, Shanghai, October 2004
  • Determining Whether your Business Arrangements are caught by the Franchising Code of Conduct, Institute for International Research, Trade Practices and Competition Law Conference, Sydney, June 2004
  • The Franchisor/Franchisee Relationship and the Franchise Agreement: Key Issues for Developing Countries, Franchising Association of South Africa Conference, Johannesburg, South Africa, May 2004
  • Franchising, Relational Contracts and the Vibe, 2004 International Society of Franchising Conference, Las Vegas, March 2004
  • Franchise Sector Regulation: the Australian Experience, EMNet Conference on Economics and Management of Franchising Networks, Vienna Austria, June 2003
  • Doing Business in Australia: The Legal Environment, Union Internationale des Avocats, Franchising Program, Sydney October 2002
  • Gaps in Franchisee and Franchisor Expectations, 2002 International Society of Franchising Conference, Orlando, February 2002 (with John Paynter)
  • Franchising New Zealand: Survey of Franchising Practices and Performance, 2002 International Society of Franchising Conference, Orlando February 2002, (with John Paynter and Lorelle Fraser)
  • A Comparative Analysis of Franchise Regulation in Asia, 16th International Society of Franchising Conference, Orlando February 2002
  • Unconscionable Conduct, UNSW CLE Consumer Protection Law Seminar, February 2001, Sydney
  • Franchising, the Internet and the Challenge of e-Business, China Centre for Small and Medium Sized Enterprises Development, Guangzha School of Management Peking University, Beijing, June 2001
  • The Franchise Opportunity for Chinese Business Enterprises, China Franchise Conference, Beijing, July 2001
  • A Comparative Analysis of Franchising Regulation in Asia, LAWASIA Business Law Conference, Christchurch, NZ, October 2001
  • The E-Business Challenge to Franchising, 15th International Society of Franchising, Las Vegas, USA, February 2001
  • Franchising, E-Business and Territorial Encroachment, LAWASIA Business Law Conference, Singapore, November 2000
  • Key Issues in Overseas Expansion, International Franchising Symposium, Melbourne, October 2000 (with Colin McCosker and Rajiv Chadda)
  • Franchising Beyond the Future, Franchise Council of Australia, Queensland State Conference, April 2000
  • Franchise Terminations: A Study of the Australian Experience, 14th International Society of Franchising Conference, San Diego USA, Feburary 2000 (with Lorelle Frazer)
  • Evaluating and Selecting a Franchise Opportunity, Franchise China '99 Conference, Beijing, Guangzhou, Shanghai, November 1999
  • How to Determine if your Business is Ready to Franchise, Franchise China '99 Conference, Beijing, Guangzhou, Shanghai, November 1999
  • Franchising of the Future - The New Wave, CPA Congress, Sydney, October 1999
  • International and Australian Trends in Franchising, 1999 Franchise Council of Australia National Conference, Surfers Paradise, August 1999
  • Factors in Franchise Failure: Learning from Experience, Franchise China '98 Conference, Beijing, Guangzhou, Shanghai, October 1998
  • Conflict Minimisation and Resolution in Franchise Relationships, Franchise China '98 Conference, Beijing, Guangzhou, Shanghai, October 1998
  • The New Regulatory Environment for the Australian Franchising Sector, Keynote Plenary Address, 1998 National Franchising Convention, Melbourne, September 1998
  • Factors in Franchise Failure: Lessons from the Cut Price Deli Litigation, 12th International Society of Franchising Conference, Las Vegas, USA, March 1998 (with Des Giugni)
  • Franchise Regulation in Australia: Reviews, Roundabouts and Realpolitik, 10th International Society of Franchising Conference, Honolulu USA, February 1996
  • Small Business Service Exports and the Role of Business Format Franchising, Academy of International Business, Southeast Asia Regional Conference, Perth, June 1995
  • Alternative Dispute Resolution in Franchising, 9th International Society of Franchising Conference, San Francisco USA, February 1995

 

Books

 

  • Franchising Law, Chpt 16 of Blazey and Chan (editors), Chinese Commercial Law and the Legal System, Thomson Legal 2008 (with Zhiqiong Wang) in press
  • Network Expansion: Options Opportunities and Challenges in Australia and New Zealand Franchising Yearbook, 2005 Niche Media
  • Business, Society and the Law, 4rd edition 2005, Thomson Australia, (with Des Giugni)
  • Franchising Law and Practice, 1998 with 3-monthly updates, Butterworths looseleaf service (with Stephen Giles and Michael Redfern)
  • The Challenge of Technological Change, 1998, McGraw-Hill, (with Des Giugni)
  • The Laws of Australia: Unfair Dealing. Titles on Misleading or Deceptive Conduct (with Professor Phillip Clarke) and Improper Business Practices (with Professor Warren Pengilley), 1993, Law Book Company
  • Misleading or Deceptive Conduct, 1991, (CCH) Australia, (with Deborah Healey)

 

Other published works

 

  • A Risky Business, Franchising, Nov/Dec 2007
  • Regulation: Good or Bad? Franchise New Zealand, Winter 2007
  • That's All Folks!, The Franchise Review, October 2007
  • Vietnam's New Franchise Law (2006) 12 Franchising Business and Law Alert
  • Trans-Tasman Franchising: New Zealand: New Opportunities, Franchising, March/April 2006
  • Mass-market Appeal: Franchising in China, Business Review Weekly, 19 Jan 2006
  • International Opportunities for Australian Franchise Systems, The Franchise Review, Winter 2005 p.9
  • Juggernaut in Overdrive: Franchising in China, Franchising, Nov/Dec 2004, pp.72-82 (3,500 words) (cover photo and lead article)
  • Life after the Franchising Code of Conduct, The Franchise Review, Spet/Nov 2004, p.22

 

'Andrew Terry on Franchising' columns in Australian Franchising Magazine

 

  • But what's the bottom line? May/June 2008
  • Franchises are all nonsense!, March/Apr 2008
  • Kevin 07! Franchise Heaven?, Jan/Feb 2008
  • The Excellence in Franchising Awards and you, Nov/Dec 2007
  • A decade of reform, Sept/Oct 2007
  • Herding Cats, July/Aug 2007
  • Some Thoughts on Franchise Regulation, May/June 2007
  • 2007 A Big Year for Franchising?, March/Apr 2007, Jan/Feb 2007
  • Market Saturation: Rhetoric or reality?, Nov/Dec 2006
  • Safety in numbers?: The pros and cons of multi-franchising, Sept/Oct 2006
  • The future of franchising, July/Apr 2006
  • Fending off franchise failure, May/June 2006
  • Would I like what with that?, Mar/Apr 2006
  • Fabulous Franchising Folk, Nov/Dec 2005
  • A Letter from Canton, Sept/Oct 2005
  • On Academic Research in Franchising, July/Aug 2005
  • Disclosure Documents: The Case for Compulsory Filing, May/June 2005
  • Conduct Unbecoming, March/April 2005
  • I have Seen the Future and it's Franchised, Jan/Feb 2005
  • What if Australia had not Adopted the Franchising Code of Conduct?, Nov/Dec 2004

 

PWC Excellence in Franchising Awards booklet

 

  • Judges' Comments, 2007
  • The Franchising Year in Review, 2007
  • Judges' Comments, 2006
  • Some thoughts on Franchise Regulation, 2006

 

The Franchise Advantage

 

  • Franchising Code of Conduct Amended, October 2007
  • Let the advertiser beware, September 2007
  • Is to copy right?, August 2007
  • Retail Tenancy Inquiry: Your Opportunity to be heard, July 2007

 

Other

 

  • A new franchise law for China, dcstrategy Quarterly, Oct 2007
  • Practical advice for doing business in China, dcstrategy Quarterly 2/06
  • Foreword, 2007 Australia/NZ Franchising Yearbook and Directory

 

Government reports

 

  • Comparative Review of Administrative and Promotional Mechanisms for Franchise Sectors: China, Vietnam, Australia and the US, PR China Ministry of Commerce, February 2008 (with Zhiqiong Wang and Paul Jones)
  • Various unpublished reports on comparative international franchise regulation for the Vietnamese Ministry of Trade as part of the AusAid Project for Improving the Commercial Law in the Integration Project, November 2004, October 2005
  • Drafts of a Franchise Law for Vietnam as part of the AusAid project referred to above November 2004, October 2005
  • Briefing Papers prepared for the NSW Small Business Development Corporation 2005-2007:
    • Bankruptcy Reforms
    • Australia US Free Trade Agreement
    • Codes of Practice
    • Who is the Controller of Premises for OH&S purposes?
    • Red tape and regulation reform
  • The Legal Environment for Business Development Services in Vietnam, January 2004 (with others)

 

Law reform submissions

 

  • Parliament of South Australia, Economic and Finance Committee Inquiry into Franchising, 'Reform Proposals', March 2008
  • Productivity Commission, Inquiry into the Market for Retail Tenancy Leases in Australia, 'Destruction and Appropriation of Goodwill: the Problem of Non-Renewal', August 2007

Research interests

  • Franchising
  • Misleading conduct
  • Unconscionable conduct
  • Intellectual property
  • Competition and fair trading law

Research grants

 Courses taught

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