ss. 51AC and 52. Alleged misleading and deceptive conduct and alleged unconscionable conduct by Cleanaway, a division of Brambles Australia Limited, in respect of contracting consumers in Rockhampton for waste removal service
1 December 2004: Proceedings were instituted in the Federal Court, Brisbane, alleging unconscionable conduct and misleading and deceptive conduct by Cleanaway representatives in the Rockhampton area who gave customers a document to sign to acknowledge a site visit without making those customers aware that the document was in fact a three year contract for waste removal services.
20 December 2004: Initial directions hearing—dates set for filing of defence and submissions.
21 March 2005: Second directions hearing—dates for completion of discovery set down. The date for further direction is to be fixed.
23 June 2005: Further directions hearing before Federal Court District Registrar—second respondent to serve notice of appearance by 5 July 2005. Further directions set down for 4 August 2005.
9 August 2005: A call-over was held before Justice Greenwood. Respondent were to file further documents by 12 Aug 2005 and a further directions hearing is scheduled for 8 September 2005.
19 January 2006: Latest timetable:
10 February 2006—Brambles to file evidence it intends to rely on
24 February 2006—ACCC to file evidence in reply
A further directions hearing to be scheduled after 24 February 2006.
17 March 2006: Further directions hearing—Justice Greenwood set the trial date from 4-15 September 2006.
27 July 2006: The matter returned for a further Directions Hearing on 27 July 2006, the trial is set down to commence on 4 September 2006 before Justice Greenwood.
7 September 2006: The Federal Court Brisbane declared that BIS Cleanaway Limited, formerly Brambles Australia Limited, engaged in misleading conduct and unconscionable conduct relating to waste collection services in Rockhampton. Justice Greenwood made orders by consent including:
declarations
write to 52 affected customers to advise the outcome of the proceedings, and
to offer the opportunity to lodge a complaint and/or to make a claim for compensation.
Brambles also offered a court enforceable undertaking to the ACCC to implement a trade practices compliance program and training, and pay a percentage of the ACCC's costs. Mr Stephen Johns consented to declarations and a court enforceable undertaking to the ACCC to undergo trade practices law compliance training.
