Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCAFC 86 (28 May 2021) (Allsop CJ, Colvin and Anastassiou JJ)


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