ACCC action against TWM Imports Pty Ltd over high lift vehicle jacks

The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Hobart against TWM Imports Pty Ltd in relation to high lift vehicle jacks supplied by TWM throughout Australia during 2004 and 2005.

The ACCC alleges that the TWM jacks do not comply with either of the prescribed consumer product safety standards relating to vehicle jacks*, in breach of section 65C of the Trade Practices Act 1974.

The ACCC alleges that TWM supplied high lift vehicle jacks which failed to comply with mandatory performance requirements and mandatory labelling requirements.

The ACCC is seeking:

• a declaration that TWM has contravened the Act
• injunctions
• an order that TWM publish product safety recall notices
• an order that TWM make arrangements to collect the high lift vehicle jack from any person wishing to return the jack
• findings of fact
• an order that TWM revise its trade practices compliance program to include independent annual auditing and reporting to the ACCC, and
• costs.

A directions hearing has been set down for 15 March 2006 in the Federal Court, Hobart.