The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Melbourne, against Dimmeys Stores Pty Ltd.
The ACCC alleges Dimmeys sold children's dressing gowns which did not comply with the mandatory consumer product safety standard for children's nightwear.
It is alleged that in May and June 2010 Dimmeys supplied children's dressing gowns which did not carry any fire hazard information label as required by the standard. It is also alleged that between April 2009 and August 2010 Dimmeys supplied further children's dressing gowns which did not have their fire hazard information label attached in the correct position in accordance with the standard.
The ACCC alleges that by supplying the dressing gowns for use by a particularly vulnerable class of consumers Dimmeys contravened section 65C of the Trade Practices Act 1974 and is seeking:
- declarations that Dimmeys contravened the Act
- pecuniary penalties for supplies made after 15 April 2010*
- an injunction preventing Dimmeys from supplying children's nightwear garments unless they comply with the standard
- an order that Dimmeys implement a trade practices compliance program, and
- costs.
The matter has been filed in the Federal Court's Fast Track List and is listed for a scheduling conference in Melbourne on 2 February 2011, before Justice Gordon.
*Under Australian Consumer Law amendments to the Act which commenced on 15 April 2010, the ACCC can seek financial penalties of up to $1.1 million for corporations and $220,000 for individuals in civil cases for breaching various sections of the Act including product safety standards.