McMahon Services Pty Ltd, SA Demolition & Salvage Pty Ltd and DCD Enterprises Pty Ltd (t/a D&V Services)
ss. 45, 45A. Alleged price fixing
24 January 2003: Proceedings instituted in the Federal Court, Adelaide, for alleged price fixing of a tender to the Commonwealth Department of Defence for demolition and asbestos removal work at its Marlu Curu site at Salisbury in metropolitan Adelaide.
In late 2000 the Defence Estate Office of the Commonwealth Department of Defence invited several companies to tender for a project involving the removal of asbestos and the demolition of structures at its Marlu Curu site. McMahon Services and SA Demolition were two of the companies invited to tender.
The proceedings were settled with all of the respondents consenting to orders to be made by the court including declarations, injunctions and pecuniary penalties.
6 May 2004: A penalty hearing was held before Justice Lander in relation to appropriate penalties to be imposed on D&V Services and its directors and on 28 May 2004 in relation to appropriate penalties to be imposed on SA Demolition and its former director. The court reserved its decision on both occasions.
20 August 2004: A penalty hearing was listed for 12 October before Justice Selway in relation to penalties to be imposed on McMahon Services and one of its senior managers.
12 October 2004: A penalty hearing was held before Justice Selway in relation to penalties to be imposed on McMahon Services and one of its senior managers. The decision was reserved.
4 November 2004: The Federal Court, Adelaide, ordered penalties totalling $535 625 be imposed on McMahon Services Pty Ltd, SA Demolition & Salvage Pty Ltd and DCD Enterprises Pty Ltd (trading as D&V Services) and a number of their representatives.
By consent, each of the companies and the various individuals gave undertakings to the court relating to the provision of asbestos and demolition services. All parties undertook to establish and/or attend trade practices compliance training.
