The Melbourne Magistrates’ Court fined business owner Andrew Valk yesterday after he pleaded guilty to failing to respond to a compulsory notice by the due date and continuing to trade.
Valk, 57, of Malvern, owned and managed Shade Solutions Australia (SSA). His company supplied and installed outdoor motorised awnings, retractable roofs and blinds for residential and commercial properties.
Valk registered the business under SSA (VIC) Pty Ltd (ACN 651 260 436) and SSA (NSW) Pty Ltd (ACN 651 260 196). Based in a Dandenong South warehouse, it operated across Victoria.
The Director of Consumer Affairs Victoria (CAV) Nicole Rich issued Valk a notice under section 119 (1) of the Australian Consumer Law Fair Trading Act 2012. It directed Valk to provide information to CAV by the due date.
If he failed to respond to the notice by the due date, CAV required him to stop supplying goods or services through Shade Solutions Australia or similar businesses.
Yet, he continued to trade via the business and operated under new company names. These included Studio Shade Australia and SSA Motorised Awnings. The court fined Valk $5,000 for his non-compliance with the notice.
The notice was issued as part of our ongoing investigation into the business for potential breaches of the Australian Consumer Law. Breaches of the Australian Consumer Law carry maximum penalties of $2.5 million for individuals and $50 million for companies.
We also published a public warning about Shade Solutions Australia in August 2022. Consumer complaints prompted our investigation.
Consumer Affairs Victoria’s Director Nicole Rich said, ‘Our main concern in this case is the business’ dealings with its customers and our investigations continue.
‘However, it is important that businesses also understand they must cooperate with our inquiries and investigations when required by the law.
‘Compulsory notices are critical to ensuring we can act to protect consumers.’