The Australian Competition and Consumer Commission has obtained interlocutory orders in the Federal Court yesterday against Hercules Iron Pty Ltd and its general manager, Mr Tom Hatz, regarding a product safety recall and continued supply of two models of bunk beds supplied by Hercules Iron Pty Ltd. The bunk bed models are supplied as the Asteroid and Comet models.
The ACCC has alleged the Comet and Asteroid bunk beds fail to comply with a number of requirements of the prescribed consumer product safety standard for bunk beds and therefore pose a serious potential hazard to users.
The ACCC is also concerned that the guard rail and slat support rail of each bunk are capable of being rotated causing the slats and mattress to dislodge and fall onto the lower bunk.*
Justice Gordon made the following interlocutory orders requiring Hercules Iron Pty Ltd and Mr Hatz to:
- cease supply of the Comet and/or Asteroid bunk beds where they do not comply with the prescribed consumer product safety standard in force at the time.
And for Hercules Iron Pty Ltd to:
- publish in newspapers in each State and Territory, a consumer product safety recall notice
- send retailers to whom it supplied the bunk beds, by 31 December 2007, a letter describing the problem with the bunks, supplier responsibilities under the Trade Practices Act 1974 and action to take regarding the bunk beds
- arrange and facilitate the return of Comet and/or Asteroid bunk beds to it from retailers and consumers nationally
- maintain a register recording the details and number of Comet and/or Asteroid bunk beds returned to it
- appoint an officer responsible for carrying out the orders, and
- provide the ACCC with evidence it has complied with the court orders.
The matter has been listed for a scheduling conference at 11 am on 1 February 2008.