Federal Court of Australia
Federal Court of Australia
Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCAFC 86 Appeal from: Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 172
File number: VID 138 of 2021
Judgment of: ALLSOP CJ, COLVIN AND ANASTASSIOU JJ
Date of judgment: 28 May 2021
Catchwords: CORPORATIONS - application for leave to appeal from interlocutory decision - appeal from interlocutory decision not to restrain arbitration in California - where parties entered into licence agreement to manufacture and sell almond milk products - where licence agreement provides for arbitration of any controversy between parties in California - where respondent commenced arbitration on basis of licence agreement - whether licence agreement is franchise agreement for purpose of Franchising Code of Conduct - whether arbitration clause of no effect due to contravention of Code - where Code provides that franchise agreement must not contain clause requiring arbitration in jurisdiction outside Australia - consideration of definition of franchise agreement in Code - leave to appeal granted - appeal dismissed
Legislation: Competition and Consumer Act 2010 (Cth) s 51AE Federal Court of Australia Act 1976 (Cth) s 43 International Arbitration Act 1974 (Cth) s 7 Competition and Consumer (Industry Codes - Franchising) Regulation 2014 (Cth) Schedule 1 (Franchising Code of Conduct) cll 2, 3, 5, 8, 12
Cases cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 248 CLR 378 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 461 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Lacey v Attorney-General (Qld) [2011] HCA 10; (2011) 242 CLR 573 Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd [2005] HCA 9; (2005) 222 CLR 194 Northern Territory v Collins [2008] HCA 49; (2008) 235 CLR 619 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Rafferty v Madgwicks [2012] FCAFC 37; (2012) 203 FCR 1 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Workplace Safety Australia Pty Ltd v Simple OHS Solutions Pty Ltd [2015] NSWCA 84; (2015) 89 NSWLR 594
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