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issue 141 | 06.09.10 | Page 1
Legal minefield Non-compliant wood products risk exposure to unlawful damage claims
IN one of the harshest ever revelations to Australia’s timber industry, a legal authority has counseled traders that merchandising falsely represented products to consumers exposes them to the risk of claims for damages for personal injury. Noted barrister Nicholas Ferrett, a specialist in commercial law and trade practices, warns that any business or individual importing or selling wood products that do not meet Australian standards, including those requirements for formaldehyde emissions, risks prosecution under the Trade Practices Act. Mr Ferrett states this is a breach of ‘consumer protection’ provisions and timber importers
and traders could be liable for personal injury damage. “In my view, it can also raise concerns for the importers and sellers,” Mr Ferrett said. “My primary concern would be the potential breaches of consumer protection provisions of the Trade Practices Act and corresponding provisions in the state fair trading statutes – legislation that prohibits misleading and deceptive conduct and false and misleading representations about the characteristics of goods.” The counseling by Mr Ferrett is timely; a new raft of imported products, including plywood panels and flat-pack furniture components, has failed
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issue 141 | 06.09.10 | Page 1