Legal action against Kmart highlights fundamental issues in Australia's response to forced labour

Legal action against Kmart highlights fundamental issues in Australia's response to forced labour

An advocacy group has commenced legal action against Kmart, alleging its products are sourced from Chinese factories that are linked to forced labour. While Kmart has denied the claims, an RMIT expert explains that the legal proceedings may reveal significant gaps in Australia’s commitment to eradicating modern slavery. 

Professor Shelley Marshall, School of Law 

“A landmark Federal Court case brought by the Australian Uyghur Tangritagh Women’s Association against Kmart exposes critical flaws in Australia’s approach to addressing forced labour in corporate supply chains. 

“Unlike the United States and the European Union, Australia does not ban imports linked to forced labour, nor does it impose a duty on companies to act on modern slavery risks—only to report them. 

“Kmart maintains it has robust ethical sourcing policies and denies any link to forced labour. But the fact that the plaintiff had to apply to the court just to access supplier information, which Kmart publicly claims to have transparently disclosed, demonstrates the profound inadequacy of Australian consumer law. 

“This case may pave the way for a groundbreaking claim under consumer law for misleading conduct, and calls into question the strength of Australia's commitment to eradicating modern slavery.”

Shelley Marshall is Deputy Dean (Research and Innovation) at the School of Law at RMIT University. Her work spans business, human rights and labour law; with a special interest in the regulation of informal work and labour law in poor and middle-income country contexts.

***

General media enquiries: RMIT External Affairs and Media, 0439 704 077 or news@rmit.edu.au

06 August 2025

Share

Return to RMIT News
06 August 2025

Share

Engage

Related News

Cyclist on a city bike lane

Yarra’s plan to shrink bike lanes an accessibility and safety step back

Yarra City Council has voted to approve a controversial parking plan that will see increased parking spaces and a narrower bike lane in Richmond. As an RMIT expert explains, creating new car parks has the potential to jeopardise public safety.

Goal posts at a football field

Celebrating the success of the AFLW beyond financial metrics

Season 10 of the AFLW is set to kick off its longest season yet with the removal of the compressed fixture and an added round. As the game continues to grow, an RMIT expert unpacks the success and future of the AFLW.

Outside of a Kmart store

Legal action against Kmart highlights fundamental issues in Australia's response to forced labour

An advocacy group has commenced legal action against Kmart, alleging its products are sourced from Chinese factories that are linked to forced labour. While Kmart has denied the claims, an RMIT expert explains that the legal proceedings may reveal significant gaps in Australia’s commitment to eradicating modern slavery. 

social-housing-thumbnail.-1220x732jpg.jpg

Victorian electricity bonus falls short

The Allan Labor government has today announced a fifth round of the Power Saving Bonus (PSB). Two RMIT experts comment on the equity and efficacy of the program and explain why, although welcome, it may not go far enough to protect energy vulnerable households.

Show more
aboriginal flag float-start torres strait flag float-start

Acknowledgement of Country

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business - Artwork 'Sentient' by Hollie Johnson, Gunaikurnai and Monero Ngarigo.

More information