Secretary of the Commonwealth Department of Sustainability, Environment, Water, Population and Communities v Kaddle Pty Ltd [2012] FCA 1176

FEDERAL COURT OF AUSTRALIA

Secretary of the Commonwealth Department of Sustainability, Environment, Water, Population and Communities v Kaddle Pty Ltd [2012] FCA 1176 Citation: Secretary of the Commonwealth Department of Sustainability, Environment, Water, Population and Communities v Kaddle Pty Ltd [2012] FCA 1176

Parties: THE SECRETARY OF THE COMMONWEALTH DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES v KADDLE PTY LTD (ACN 009 110 114)

File number: WAD 112 of 2012

Judge: SIOPIS J

Date of judgment: 26 October 2012

Date of last submissions: 23 October 2012

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Ms K Sanders

Solicitor for the Applicant: Norton Rose Australia

Counsel for the Respondent: Mr B Havilah

Solicitor for the Respondent: Havilah Legal

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 112 of 2012

BETWEEN: THE SECRETARY OF THE COMMONWEALTH DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

Applicant

AND: KADDLE PTY LTD (ACN 009 110 114)

Respondent

JUDGE: SIOPIS J DATE OF ORDER: 26 october 2012 WHERE MADE: PERTH

1. THE COURT DECLARES THAT:

The respondent has breached the written undertaking given by it to the applicant (the regulator of the Water Efficiency Labelling and Standards scheme established under the Water Efficiency Labelling and Standards Act 2005 (Cth) (the WELS Act)) and accepted by the applicant on 13 October 2011 pursuant to s 42 of the WELS Act (the Undertaking) in that: (a) it failed by 24 November 2011 to send to the Department of Sustainability, Environment, Water, Population and Communities (the department) the results of the initial internal audit referred to in paragraphs 21 and 22 of the Undertaking and Annexure A of the Undertaking; (b) it failed by 24 November 2011 to provide to the department the compliance training materials referred to in paragraph 38 of the Undertaking and paragraph 1(e) of Annexure E of the Undertaking; (c) it failed by 22 December 2011 to provide to the department the staff declarations referred to in paragraph 1(h) of Annexure E of the Undertaking; (d) it failed by 13 December 2011 to inform the applicant (in its capacity as the regulator under the WELS Act) of its implementation of a WELS compliance records system and provide evidence of the implementation of that system in accordance with paragraphs 24 and 26 of the Undertaking and Annexure B of the Undertaking; (e) it failed by 13 January 2012 to provide to the department an independent auditor declaration referred to in paragraph 4 of Annexure C of the Undertaking; and (f) it failed by 27 January 2012 to provide to the department the findings of the independent audit referred to in paragraph 30 of the Undertaking and paragraph 6 of Annexure C of the Undertaking.