Early history , New South Wales, with older signage In 1970,
Jack Cowin bought the rights to the Burger King franchise in Australia. However, he discovered that the name was already trademarked in Australia by Don Dervan, who had started a drive-in fast food takeaway restaurant business in
Adelaide, South Australia in 1962; at the time were no legal obstacles to the name. Between 1962 and 1970, Don Dervan's Burger King was selling over a million burgers a year in South Australia. By 1972, it employed more than 200 people in 17 restaurants in Adelaide and across Australia. As a result, Burger King provided Jack Cowin with a list of possible alternative names derived from pre-existing trademarks already registered by Burger King and its then corporate parent
Pillsbury that could be used to name the Australian restaurants. The first Australian franchise of Burger King Corporation was established in
Innaloo,
Perth, on 18 April 1971, under the auspices of Cowin's new company Hungry Jack's Pty Ltd. By the end of its first decade of operation in the 1970s, Hungry Jack's had expanded to 26 stores in three states. In October 1981, the company opened its first
New South Wales store in the
Sydney central business district on the corner of
Liverpool and
George Street. In 1986, the chain entered
Victoria by purchasing 11 stores from the ailing
Wendy's Hamburgers chain, later converting them to Hungry Jack's.
1996 to 2001: legal battle with Burger King T2 In 1991, Hungry Jack's Pty Ltd. renewed its
franchise agreement with Burger King Corporation which allowed the Hungry Jack's to license third party franchisee. However, one of the conditions of the agreement was that Hungry Jack's had to open a certain number of stores every year for the term of the contract. In 1996, shortly after the
Australian trademark on the Burger King name lapsed, Burger King Corporation made a claim that Hungry Jack's had violated the conditions of the renewed franchise agreement by failing to expand the chain at the rate defined in the contract and sought to terminate the agreement. In addition, Burger King sought to limit HJ's ability to open new locations in the country, whether they were corporate locations or third-party licensees. As a result of Burger King's actions, Hungry Jack's owner Jack Cowin and his company Competitive Foods Australia, began legal proceedings in 2001 against the Burger King Corporation, claiming Burger King Corporation had violated the conditions of the master franchising agreement and was in breach of the contract. The
Supreme Court of New South Wales agreed with Cowin and determined that Burger King had violated the terms of the contract and awarded Hungry Jack's
A$46.9 million (US$41.6 million in 2001). In its decision, the Court said that Burger King sought to engineer a default of the franchise agreement so that the company could limit the number of new Hungry Jack's branded restaurants and ultimately claim the Australian market as its own, which was a purpose that was extraneous to the agreement.
2002 to present /
Shell outlet in
Elizabeth Street,
Hobart. From 1997 until it was rebranded in 2003 this was Hobart's first and only Burger King-branded outlet, and was the first Burger King in Australia to be located outside an airport. The terms of the sale had TPF assume oversight of the Burger King franchises in the region as the Burger King brand's master franchisee. Trans-Pacific Foods administered the chain's 81 locations until September 2003 when the new management team of Burger King Corporation reached an agreement with Hungry Jack's Pty Ltd. to
rebrand the existing Burger King locations to Hungry Jack's and make Hungry Jack's Pty the sole master franchisee of both brands. An additional part of the agreement required Burger King Corporation to provide administrative and advertising support as to ensure a common marketing scheme for the company and its products. Trans-Pacific Foods transferred its control of the Burger King franchises to Hungry Jack's Pty Ltd., which subsequently renamed the remaining Burger King locations as "Hungry Jack's," joining the other 210 outlets at the time. As of September 2021, Hungry Jack's has 440 stores, with 75% being company owned. The company intends to open more than 20 new stores per year in the future, with an upper aim of 700 stores in total. ==Products==