The Australian Competition and Consumer Commission has instituted proceedings against Globex Systems Pty Ltd for alleged breaches of the Trade Practices Act 1974.
The ACCC also instituted proceedings in the Federal Court, Adelaide, against Globex directors, Mr David Skry and Mr Warren Skry, and two Globex employees, Ms Claire Trobe and Ms Emma Gourlay.
Globex supplies various industrial cleaning products, printer ribbons, laser printer and photocopier toner cartridges and ink cartridges to businesses and to schools throughout Australia by direct telephone marketing.
The ACCC has alleged that Globex:
- made false representations that particular persons had agreed to acquire various cleaning products and office consumables
- made false representations that the ink cartridges were new
- asserted a right to payment for unsolicited goods, and
- engaged in misleading and deceptive conduct.
The ACCC has also alleged that Ms Trobe, Ms Gourlay, and the Skrys were knowingly concerned in, or party to, or aided and abetted some of the contraventions by Globex.
The ACCC is seeking an interim injunction, final injunctions, declarations, corrective notices, compliance programs for the company and the individuals, findings of fact and costs.
The application for interim injunctive relief will be heard by Justice Lander on 18 January 2005 at 10.15 a.m.