ACCC institutes proceedings against Trade Quip over labelling of hydraulic trolley jacks
The Australian Competition and Consumer Commission has issued proceedings against Trade Quip Pty Ltd in the Federal Court, Melbourne alleging breaches of the Trade Practices Act 1974* as well as contempt of court.
Trade Quip is an importer and supplier of various types of vehicle jacks, tools and other machinery to retailers throughout Australia.
The ACCC alleges that between August 2009 and September 2010 Trade Quip supplied more than 2000 units of four models of hydraulic trolley jacks that did not comply with the prescribed consumer product safety standard. Further, Trade Quip engaged in misleading or deceptive conduct and made false representations by representing that the “2019” model jack complied with the applicable mandatory standards, when it did not.
In a separate proceeding, the ACCC alleges that Trade Quip’s conduct also constitutes contempt of orders made by Justice Weinberg of the Federal Court in August 2007.
Justice Weinberg found that Trade Quip had contravened the Act by supplying a model of hydraulic trolley jack that did not comply with the prescribed standard in force at the time and misrepresenting that jack's performance.
Justice Weinberg made orders restraining Trade Quip for three years from supplying hydraulic trolley jacks that do not comply with the prescribed standard and from representing that goods comply with an Australian Standard when they do not.
The ACCC is seeking:
- declarations that Trade Quip contravened the Act and is guilty of contempt of the Federal Court
- injunctions preventing Trade Quip from supplying hydraulic trolley jacks unless Trade Quip has first obtained specified evidence of compliance with the relevant safety standard, and from representing that goods comply with a safety or Australian Standard when they do not
- orders that Trade Quip publish corrective notices in a magazine and on its website
- an order that Trade Quip implement a trade practices compliance program
- pecuniary penalties for contraventions of the Act and a fine for contempt, and
The new matter has been filed in the Federal Court’s Fast Track List and is listed for a scheduling conference in Melbourne on 7 September 2011 at 9:30 am. The Notice of Motion relating to the contempt proceeding will be heard on 1 September 2011 in Melbourne.
*On 1 January 2011 as part of Australian Consumer Law amendments the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010.
Release # NR 130/11
- ACCC Infocentre: 1300 302 502
More information on product safety and the mandatory safety standards can be found at www.productsafety.gov.au. Australian product recalls are published at www.recalls.gov.au, and you can also follow product safety at the ACCC on Twitter: @ProductSafetyAU.