5 July 2004: Proceedings were instituted in the Federal Court, Perth.
The ACCC alleges TWM Imports Pty Ltd supplied trolley jacks which do not comply with the prescribed consumer product safety standard relating to trolley jacks, namely Australian/New Zealand Standard AS/NZ 2615:1995.
It is alleged that TWM Imports Pty Ltd has imported and supplied trolley jacks which failed to comply with the prescribed standard in relation to a number of deficiencies in the trolley jack, notably:
design and construction
requirements for performance
marking requirements of the jack
marking requirements of the packaging
non-compliance with the clause in the standard relating to the maintenance, safe usage, and assembly instructions that should be supplied with the jack.
It is alleged that TWM Imports Pty Ltd has breached s. 65C of the Trade Practices Act and the ACCC sought interlocutory relief that TWM Imports be restrained from supplying or offering to supply the trolley jacks until the final determination of the proceedings. On 20 August 2004 TWM provided undertakings to the court that until the final determination of the proceedings TWM would not supply the trolley jacks until the jacks were tested by an approved testing authority and were found to comply with the standard.
In the substantive claim, the ACCC is seeking findings of fact, a declaration that TWM Imports Pty Ltd contravened the Act, an injunction, an order that TWM Imports Pty Ltd make arrangements to collect the trolley jack from any person wishing to return the trolley jack, an order for public notices, an order that TWM Imports Pty Ltd implement a trade practices compliance program— to be independently audited and reported— and costs.
A directions hearing is scheduled for 26 November 2004.
26 November 2004: A directions hearing was held in the Federal Court, Perth. A further directions hearing is scheduled for 10 December 2004.
10 December 2004: The Federal Court, Perth declared by consent that TWM Imports Pty Ltd had breached the Trade Practices Act by supplying trolley jacks that did not comply with the prescribed consumer product safety standard for trolley jacks.
The court found that the jacks failed to comply with the prescribed standard for design and construction, requirements for performance, marking requirements of the jack, marking requirements of the packaging as well as the clause relating to the maintenance, safe usage, and assembly instructions that should be supplied with the jack.
In granting relief by consent between the ACCC and TWM, Justice Lee made the following orders:
a declaration that TWM Imports had contravened the Act by supplying trolley jacks that did not comply with the prescribed consumer product safety standard relating to trolley jacks
injunctions restraining TWM Imports for a period of five years from supplying or offering to supply trolley jacks that do not comply with the prescribed consumer product safety standard
findings of fact
an order that TWM Imports make arrangements to collect the trolley jack from any person wishing to return it
an order for public notices
an order that TWM Imports implement a trade practices compliance program, independently audited and reported on, and costs.
