Parents Elle Chrisp and David Dingwall are taking Kmart to the Disputes Tribunal after incurring significant costs from asbestos contamination in children’s sand toys. The couple is seeking reimbursement for testing and decontamination expenses.
The total costs incurred by Chrisp and Dingwall amount to tens of thousands of dollars. They lodged their complaint with the Ministry of Business Innovation and Employment on March 23, 2026. Kmart issued a recall notice for some coloured play sand products in November 2025 due to asbestos contamination.
This recall followed independent testing that found tremolite asbestos in the products. Kmart’s recall notice stated that respirable asbestos had not been detected in tested samples. However, WorkSafe advised that tremolite asbestos is easily crumbled and should be treated as friable.
Chrisp expressed concern over Kmart’s contrasting actions regarding the sand in their stores and the recall notice. “If they aren’t going to engage with us directly and they’re going to ignore our claim made to directly, the only option for us is to then go to the next stage, which is the Disputes Tribunal,” she said.
Dingwall added, “We think that there may be evidence demonstrating that consumers may have been misled or are likely to have been misled by the information emerging from the supplier in this instance.” Kmart has downplayed health risks associated with the contaminated sand, citing expert opinions on low risk.
The Disputes Tribunal can settle small claims up to $60,000. Chrisp and Dingwall have also lodged complaints with multiple regulatory bodies regarding potential breaches of law. Kmart’s spokesperson declined further comment due to ongoing legal proceedings.
Ian Caplin from WorkSafe urged families who purchased these products to stop using them immediately, secure them safely, and contact their local council for advice on safe disposal of contaminated material.
