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NewsClaim against GECA, Environmental Assurance and Petar Johnson Progress Report 4. Dated 06.10.2009 GECA and Environmental Assurance have made public statements suggesting that Instyle’s claims in its Federal Court case are “misconceived”, and that Instyle’s action in bringing its claims is unlawful. On the last occasion this matter was before the Court on 9 September, 2009, GECA’s, Environmental Assurance’s and Petar Johnson’s barrister made the following statement – "There is no challenge being made to the fact that ... the applicant’s (INSTYLE’s) case meets the threshold of reasonable prospects of success". Instyle will seek to have the case heard by the Court as a matter of urgency.
Claim against GECA, Environmental Assurance and Petar Johnson The other party will thereafter be required to make available for inspection any documents which it has and which fall within any of the listed categories. This is part of a process known as 'discovery'. Instyle has also become aware that GECA disposed of its interest in Environmental Assurance (GECS)
Progress Report 2. Dated 28.08.2009 Instyle filed its claim against GECA, Environmental Assurance and Petar Johnson in the Federal Court of Australia on 25 June 2009 alleging breaches by them of the Trade Practices Act and of the NSW Fair Trading Act. Pursuant to the Federal Court Rules, GECA, Environmental Assurance and Petar Johnson were required to file their defences by 5 August 2009. As at 28 August 2009, GECA, Environmental Assurance and Petar Johnson have still not filed their defences to Instyle's claims. At directions hearings in the Court, GECA, Environmental Assurance and Petar Johnson have applied for and been granted extensions of time within which to file their defences. At the directions hearing on 27 August, 2009, GECA, Environmental Assurance and Petar Johnson applied to the Court to be allowed up until 15 September, 2009 within which to file their defences, and this application was granted. Before the respondents sought this extension, the defence was to have been filed on or before 1 September, 2009. Once GECA, Petar Johnson and Environmental Assurance have filed their defences, the issues which will have to be determined at a hearing will then be known, and the Court will make further directions about what each party then has to do to progress the matter towards the hearing. Instyle is hoping that its claims will progress quickly towards a hearing once the defences have been filed.
Claim against GECA, Environmental Assurance and Petar Johnson Progress Report 1. Dated 25.08.2009 As you know, Instyle filed its claim against GECA, Environmental Assurance and Petar Johnson in the Federal Court of Australia on 25 June 2009 alleging breaches by them of the Trade Practices Act and of the NSW Fair Trading Act. As at 25 August, 2009, GECA, Environmental Assurance and Petar Johnson had still not yet filed their defences to Instyle's claims. At a directions hearing in the Federal Court on 20 August, 2009, GECA, Environmental Assurance and Petar Johnson were directed to file their defences by close of business on 1 September 2009. Once GECA, Petar Johnson and Environmental Assurance have filed their defences, the issues which will have to be determined at a hearing will then be known, and the Court will make further directions about what each party then has to do to progress the matter towards the hearing.
Dated 03.07.09
Basis of Instyle’s Claims The GECA furniture standard clearly states that the fabric used to upholster GECA certified furniture:
Instyle is alleging the Trade Practices Act 1979 and the NSW Fair Trading Act 1987 have been breached:
Further, Instyle is alleging that: Each of GECA and Environmental Assurance control the certification of furniture on a whole of product basis, and Each of GECA, Environmental Assurance and Petar Johnson gain financially from increasing the demand for certification services and the sales of GECA certified product, and that in those circumstances, the making of the alleged false representations by Environmental Assurance and Petar Johnson was unconscionable and constituted a breach by them of the NSW Fair Trading Act 1987. As a consequence of the alleged conduct of each of GECA, Environmental Assurance and Petar Johnson, Instyle alleges that it has suffered substantial losses. Instyle is seeking orders restraining the alleged unlawful conduct, corrective action and public notification, and damages. Background The Green Building Council of Australia administers the ‘Green Star’ rating system, which is an environmental performance rating system for buildings. Governments at all levels and major corporations are increasingly demanding that new and upgraded buildings establish their environmental credentials and achieve a Green Star rating, which is in turn increasing the demand for products which will earn credit points towards that Green Star rating. Office furniture is one of the products which can earn credit points. To earn credit points, the furniture must satisfy one or more of the applicable Green Building Council environmental performance criteria, or alternatively the furniture can be certified on a whole of product basis from a third party recognised by the Green Building Council. The Green Building Council encourages whole of product certification as it is simpler for Green Star assessors and buyers to ascertain their entitlement to Green Star credit points for that furniture. The GBCA’s rating tools automatically award the maximum credit points to furniture which has been certified on a whole of product basis. The only third party recognised by the Green Building Council which can provide this certification for upholstered office furniture is Good Environmental Choice Australia (GECA). GECA publishes standards which set out specific environmental criteria for products to meet. Suppliers of products which comply with an applicable GECA standard are licensed to market those products under the “Good Environmental Choice’ label and more significantly, can market the fact that those products earn the maximum available credit points towards a Green Star rating. Environmental Assurance is contracted by GECA to assess products and verify their compliance with the applicable GECA standard, and to issue environmental product declarations (EPDs) for those products. Each EPD contains a certification of compliance and information about the environmental performance of the certified products. Petar Johnson is a director of GECA, and is the sole director and the holder of a major shareholder interest in Environmental Assurance. Environmental Assurance and Petar Johnson (via his major shareholder interest) respectively receive fees and dividends from the supply of the certification services, and GECA also receives a royalty from the sales of products which have been certified as compliant with an applicable GECA standard. ASIC records show that GECA holds more than 16% of the shares in Environmental Assurance as trustee for an undisclosed beneficiary. Instyle’s Environmental Credentials
Instyle continues to actively lobby the Green Building Council about these matters and has called upon it to immediately suspend the use of the GECA Furniture and Fittings and Textiles standards in its Green Stars Rating Tools. For more information, please contact:
INSTYLE. United Nations’ World Environment Day Awards’ Finalist 2009
Customers can visit online a typical farm where EthEco® wool is grown and see how these farms are managed with minimal environmental impact through INSTYLE’s traceability program FARM TO FABRIC™ - available here: Click here to use your Farm To Fabric™ interactive program. The release of EthEco® wool coincides with the United Nations’ International Year of Natural Fibres and is sourced exclusively for INSTYLE’s benchmark LIFE Sustainable Textiles® collection. The World Environment Day Awards acknowledge local actions to address global environmental issues. This year’s theme, ‘Your Planet Needs You - UNite to Combat Climate Change’ reflects the vital need for nations to work together in combating climate change. Michael Fitzsimons, Managing Director of INSTYLE says, “Holistically-managed farms that focus on 100% groundcover of perennial grasses can help in combating climate change as the perennials absorb carbon dioxide from the atmosphere and emit oxygen”. This is all further proof of INSTYLE’s strong commitment in producing sustainable and ethical textiles. Winners of the 2009 UN Awards will be announced on World Environment Day (5 June) in Melbourne.
New to the Fold' Country Style Magazine May 2009.
Farm To Fabric™ INSTYLE's new traceability program - FARM TO FABRIC™ - allows you to
select a fabric and see how it is made beginning with the farm that
produced the EthEco® wool fibre. To trace your LIFE Textiles® click here
Bruce, Hugh and Geoff Taylor - EthEcoŽ wool growers
Fabric made using wool from a breed of Merino sheep that don’t require mulesing will soon be available, through Australia’s first-ever ethical wool supply agreement for the furnishings industry. Former CSIRO scientist, Dr Jim Watts, developed the Merino breed to have softer, more flexible skin that has less wrinkles and folds, known as SRS® sheep for their Soft-Rolling- Skin. The absence of skin corrugations ensures the animals are not at risk of developing flystrike and therefore do not need to be mulesed like the traditional, more-wrinkled Merino breeds.
Chad Taylor, SRS® Wool Producer, Michael Fitzsimons Managing Director of INSTYLE CONTRACT TEXTILES and exclusive producer of EthEco® furnishing fabrics, and SRS® Sheep Breeding Consultant Dr Jim Watts showing superior quality and staple length of EthEco® wool.
BACKGROUND TO AWARDS Instyle Contract Textiles Pty Ltd is a specialist in the design, marketing and distribution of commercial interior furnishing textiles (for offices, healthcare, hospitality, transport, education, public buildings, etc).
A FEW MORE OF LIFE'S ACHIEVEMENTS INSTYLE CONTRACT TEXTILES is proud to have won three • The Premier's Sustainability Excellence Award,
INSTYLE WINS 3 SUSTAINABILITY GREEN GLOBE AWARDS
Click the image or here to download the pdf. 2007 Sustainability Category - Banksia Awards INSTYLE are finalists in the 2006 Banksia Awards : Sustainability Category Click here to read more about the Banksia Awards... INSTYLE providing LIFE Support for Medecins Sans Frontieres Invitation to work on the US Sustainable Textile Standard. INSTYLE. Our cars are invisible - INSTYLE has signed up with Greenfleet |
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