The Federal Court has handed down a judgement in respect of Chevron’s proceedings against Ampol, with the Hon. Justice O’Callaghan issuing orders that Ampol’s CEO and Managing Director Matt Halliday has said is a “positive outcome”.
The Court dismissed Chevron claims, including actions to restrict Ampol’s use of a red forecourt canopy, claims that Ampol has engaged in misleading conduct or conveying a false or misleading representation of association, and claims the EG Group, a sublicensee of Ampol, was displaying non-compliant signage.
However, the Court found in Chevron’s favour to the limited extent that Ampol will be restricted from the use of the ‘StarCard’ brand in advertising.
Consistent with the terms of the judgment, Ampol will be required to cease using the statement ‘StarCard accepted here’ or words to that effect, in banners at Ampol branded locations or in advertising regarding Ampol branded locations, with effect from 2 August 2021.
Ampol has put in place simple steps to remove banner signage to be compliant with the orders and will amend non-compliant advertising as its continues to educate customers on its brand transition.
Importantly, the decision does not in any way impact our customers who will continue to have access to Ampol’s network of 1,900 sites. His Honour declined to make orders preventing the acceptance of StarCard at an Ampol branded site and no orders were sought by Chevron in respect of AmpolCard acceptance at Caltex branded sites.
Roll out of Ampol’s new AmpolCard continues successfully and all account holders will have been issued with AmpolCards by October 2021.
Chevron has been ordered to pay Ampol’s costs in the proceedings.
Matt Halliday, Managing Director and CEO, said: “This is a positive outcome for Ampol. We continue to focus on the ongoing successful rebrand of our national network. This includes the transition of our market-leading fuel card offer to AmpolCard, and we are pleased the decision today means there are no impacts to our customers.”