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Queensland hardware franchisee secures cost protection in fight against Bunnings expansion

A Mitre 10 franchisee in Jimboomba won a court order shielding him from Bunnings' legal costs, allowing him to pursue an anti-competition case.

In a Federal Court decision, Justice Robert Bronwich awarded a no adverse costs order to David Woodman, a Mitre 10 franchisee in Jimboomba, Queensland. The order prevents Woodman from being liable for Bunnings' legal expenses should his challenge fail, enabling him to press ahead with a claim that the retailer's planned warehouse would crush his business. Woodman's case relies on the Competition and Consumer Act, and his counsel estimates Bunnings could spend up to $6 million defending the matter.

Bunnings, owned by Wesfarmers, maintains the new store will broaden consumer choice and create local jobs, and it will continue to contest the proceedings. The ruling marks the first known use of a no adverse costs order in an anti-competitive conduct case, though the judge cautioned that Woodman still faces a difficult legal battle. The dispute highlights tensions between large chains and small, family-run hardware outlets in regional Australia.

Why it matters

The decision lets a small retailer contest a major chain's expansion without risking crippling legal fees.

In this story

no adverse costs orderanti-competition casehardware retailerlegal costscourt rulingregional businessmarket competition
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