SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION v CENTURY 21 AUSTRALIA PTY LTD

53 VR 234·Whelan, Beach and Ferguson JJA
53 VR 234
53 VR 234
SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION v CENTURY 21 AUSTRALIA PTY LTD Court of AppealWhelan, Beach and Ferguson JJA 27 July, 15 August 2017[2017] VSCA 205Agency and agentsEstate agentFranchise agreementWhether ‘franchise agreement’ a ‘franchising agreement’ within the meaning of Estate Agents Act 1980 (Vic) s 43(5)Whether franchisee authorised to carry on business under same ‘name’ as franchisorEstate Agents Act 1980 (Vic)43(5).

The respondent executed an agreement headed ‘franchise agreement’ (Agreement) with Victorian Realty Group Pty Ltd (VRG). Under the Agreement, VRG would provide certain property-related services to the public. VRG’s services were to be subject to some oversight by and assistance from the respondent. VRG was also bound to adhere to certain naming requirements in respect of the branding that it used such that VRG would be denoted as a franchise of the respondent.

  • (a)
  • (b)
  • (c)

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