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Originally issued Wednesday, 9 June 2010
The Supreme Court of WA has ordered the operators of ‘Bikini Girls Massage’ to cease carrying on any unregistered business and to cease placing misleading recruitment advertisements.
The Commissioner for Consumer Protection launched the legal action to restrain Mr Bon Levi and Mr Colin Burton from further contravening the Business Names Act 1962 by operating an unregistered business and further contravening the Fair Trading Act 1987 by implementing misleading recruitment and work practices.
In granting interim restraining orders on Friday 4 June 2010, Justice Simmons ordered that the two men cease from carrying on a business, unless the business name is registered or is operating under their personal names, and to stop distributing or displaying any literature, pamphlet, flyer or signage that contains any unregistered business name.
Justice Simmons also ordered that, within seven days, signage displaying the name Bikini Girls Massage be obscured at their premises on Canning Highway, Applecross and, within 14 days, their website be made incapable of being displayed in Western Australia. Documentary evidence of the website closure must be presented to the Commissioner for Consumer Protection within 21 days.
The Court orders also restrain Mr Levi and Mr Burton from placing any recruitment advertisements unless they include a clear statement that job seekers will be required to massage nude men while wearing bikinis or similar clothing, if that is what they will be required to do. The advertisements must not hold out any training opportunities or suggest that any formal qualifications may be obtained through taking up that employment, unless the advertisement makes a clear statement of the nature of the training or qualification or the lack of it. A draft of any future advertising seeking employees must be provided to Consumer Protection before publication.
Justice Simmons noted that no effort had been made by the defendants to remedy the alleged breaches of the Business Names Act despite having been served the material in January.
The Supreme Court will rule on whether those orders should be made permanent later in the year.
Members of the public with any queries should contact Consumer Protection on 1300 30 40 54.
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