Wilson Parking Australia sued by the ACCC in the Federal Court

Posted: 13/10/2009 The Australian Competition and Consumer Commission (“ACCC”) has commenced Federal Court proceedings against Wilsons Parking Australia 1992 Pty Ltd (“Wilsons Parking”) alleging breaches of the Trade Practices Act 1974 (Cth) (“Act”). The ACCC alleges that Wilsons Parking breached section 52 of the Act by engaging in misleading or deceptive conduct and section 53(a)(a) of the Act by falsely representing that Wilsons Parking's services were of a particular standard, quality, value or grade. The ACCC action stems from mobile security patrol services provided by Wilsons Parking to customers. The ACCC alleges that Wilsons Parking issued monthly invoices to customers representing that security inspections had been carried out as agreed, when in fact Wilsons Parking had missed a number of inspections. It is further alleged by the ACCC that Wilsons Parking did not provide refunds, rebates or credits to customers for missed inspections. The matter has been set down for a directions hearing on 21 October 2009. The ACCC is seeking declarations, injunctions, costs and an order requiring Wilsons Parking to implement a trade practices law compliance program and inform all affected customers. If your business requires advice in respect of its obligations under the Act, please contact us.