Both sides claim victory in SPASA court battle

The SPASA Wars escalated over the holiday season, with the anticipated negotiations called off in favour of court action.

The Federal Court ordered all parties to participate in mediation, which they attended on January 22. After mediation failed, a hearing was held on January 29. SPASA NSW agreed to abandon the suffix “Australia”, but will retain the name the Swimming Pool and Spa Alliance (SPASA).

SPLASH! understands that because NSW moved pre-emptively, the interlocutory injunction was dismissed by the court. Nonetheless, the applicants – the four non-NSW SPASAs – gained an important concession as the new body cannot now call itself SPASA Australia. However, SPLASH! also understands that the concession is only on an interim basis.

The applicants had argued that the existing national body, the Swimming Pool & Spa Association of Australia Ltd, referred to as SPASA Australia, would be confused by consumers as well as members if the announced NSW trading names were allowed to be used.

The result is that, for the moment at least, only the original SPASA Australia Ltd can use the name SPASA Australia.

However, while the Alliance has agreed to cease claiming to be the national peak body of the swimming pool and spa industry, it still intends to represent members from other States, and has described itself as a member-based organisation representing stakeholders nationwide.

SPASA NSW volunteered a number of interim undertakings which were agreed to by the court and the applicants. They are:

1. To include on any form of its electronic media and on any hard copy letterhead which accompanies an enclosure or attachment a notice in the following terms:

Please note that Swimming Pool & Spa Association of New South Wales Limited and Swimming Pool & Spa Alliance are separate entities and operations from Swimming Pool & Spa Association of Australia Limited and neither have the endorsement of Swimming Pool & Spa Association of Australia Limited, SPASA Vic, SPASA Qld, SPASA SA or SPASA WA.

Such notice is to be included in a prominent position on the homepage of its website and after the signature block on any email or letterhead in font size of not less than 10 points.

2. To cease claiming to be the national or the peak body for the swimming pool and spa industry and to remove any such claims from its website;

3. To cease using the name “SPASA Australia” and to remove any reference to “SPASA Australia” from its website;

4. To cease using the domain name “www.spasaaustralia.org.au” and to revert to using the domain name “www.spasa.org.au”;

5. To cease using the email address “[person]@spasaaustralia.org.au” and to revert to using the email address “[person]@spasa.org.au”.

In a joint statement, the non-NSW SPASAs (Queensland, South Australia, Victoria and Western Australia) said they applaud the outcome, saying it recognises the critical importance of each state SPASA association. They say they will continue to protect the SPASA brand and have made commitments to work even more closely together in future. In part, this will be achieved by joining forces on certain projects and programs and where possible and practical to do so, operating as one.

They pressed for all five state SPASAs, including NSW, to work within the existing national framework.

However, they concede that recent events have caused a substantial re-think of state and national operations, and they encourage SPASA NSW to return to the table to work together in a spirit of mutual respect and cooperation for the benefit of all members, the industry at large and the general public.

SPLASH! sought answers to a number of questions regarding what the proposed re-think might include, in particular whether it would mean revisiting the question of unanimous voting and looking towards a proactive agenda. However, at present there is no spokesperson for SPASA Australia Ltd, and SPLASH! understands that a new Company Secretary has not been appointed.

It is unclear whether further court action is planned, how it would be funded and what would happen to the interim undertakings made by SPASA NSW if court action does not proceed.

Meanwhile, SPASA NSW, now known as the Swimming Pool and Spa Alliance, has said through a statement by Spiros Dassakis that on January 29 they volunteered to provide the undertakings on an interim basis so they could get on with representing the industry.

“We are pleased with the outcome which allows us to now continue with our core focuses, including representing the many and varied interests of the entire swimming pool and spa industry – nationwide,” Dassakis said in the statement.

The proceedings are now adjourned to a directions hearing at 9.30am on February 20, 2013.