Fair trading court decisions
The Commissioner for Fair Trading may take court action against individuals or businesses acting unlawfully. The enforcement action is designed to:
- stop unlawful conduct
- reduce the likelihood of recurrence
- act as a deterrent.
When the Commissioner takes a court action, the ACT Civil and Administrative Tribunal (ACAT) or Magistrates Court makes decisions relating to the breaches.
The laws that the Commissioner may take court action on include:
Court actions relating to Agents Act 2003 in the last 10 years
21 July 2023: Mr Nicholas Haider
The ACT Magistrates Court convicted Mr Nicholas Haider of an offence under the Agents Act 2003. Mr Haider pleaded guilty and was convicted of having unauthorised dealings with trust money. The court imposed 100 hours of community service and an 18 months good behaviour order.
On 19 January 2023, the Commissioner for Fair Trading filed an application for disciplinary action with the ACT Civil and Administrative Tribunal (ACAT) against Nicholas Haider for misappropriation of trust money. On 26 July 2023, the ACAT made orders to publicly reprimand Mr Haider, that Mr Haider pay a fine of $5,000 to the territory and to disqualify Mr Haider from applying for a real estate agent's licence for a period of ten years.
29 September 2022: Mr Ivan Tasic trading as Edge Ivan Tasic
The ACT Magistrates Court convicted Mr Ivan Tasic of an offence under the Agents Act 2003. Mr Tasic pleaded guilty and was convicted of having dealings with trust money otherwise than as directed by the people for whom the money was held on trust. The court imposed a fine of $1,500.00.
On 24 November 2022, the Commissioner for Fair Trading filed an application for occupational discipline with the ACT Civil and Administrative Tribunal (ACAT). On 1 May 2023, the ACAT made orders to publicly reprimand Mr Tasic and disqualify him from applying for a real estate agent's licence for a period of two years.
20 September 2019: Property Plaza
The ACT Civil and Administrative Tribunal (ACAT) found that Property Plaza Pty Ltd breached the Agents Act 2003. Property Plaza Pty Ltd failed to lodge two trust account audit reports within the required timeframe.
The ACAT ordered Property Plaza Pty Ltd to pay a $1,700 penalty, complete four training courses and provide updated policies and procedures for trust account auditing.
2 September 2019: Yes Real Estate ACT Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) found that Yes Real Estate Pty Ltd breached the Agents Act 2003. Yes Real Estate ACT Pty Ltd failed to lodge six trust account audit reports within the required timeframe.
The ACAT ordered Yes Real Estate ACT Pty Ltd to pay a $4,500 penalty, complete four training courses, provide to the Commissioner annual trust account audit statements for the financial years ending 2012 – 2018 and provide updated policies and procedures for trust account auditing.
22 August 2019: Keep Renting Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) found that Keep Renting Pty Ltd breached the Agents Act 2003. Keep Renting Pty Ltd failed to lodge three trust account audit reports within the required timeframe.
The ACAT ordered Keep Renting Pty Ltd pay a $2,250 penalty, complete two training courses and provide updated policies and procedures for trust account auditing.
10 July 2019: Donald McPherson trading as One Agency Don McPherson
The ACT Civil and Administrative Tribunal (ACAT) found that Mr McPherson breached the Agents Act 2003. He failed to lodge one trust account audit report within the required timeframe and failed to maintain adequate trust account records.
The ACAT ordered Mr McPherson to pay a $2,500 penalty, complete four training courses and provide updated policies and procedures for trust account auditing.
10 July 2019: Denise Flint trading as Denise Flint Real Estate
The ACT Civil and Administrative Tribunal (ACAT) found that Ms Flint breached the Agents Act 2003. Ms Flint failed to lodge two trust account audit reports within the required timeframe.
The ACAT ordered Ms Flint pay a $2,000 penalty, complete two training courses and provide updated policies and procedures for trust account auditing.
21 June 2019: ACT Strata Management Services
The Commissioner for Fair Trading filed an application with the ACT Civil and Administrative Tribunal (ACAT) alleging that ACT Strata Management Services did not comply with orders made by ACAT on 17 October 2018.
On 16 September 2019, ACAT was satisfied that ACT Strata Management Services had not complied with its orders. ACT Strata Managements licence was cancelled and it was disqualified from applying for a licence for a period of 12 months.
21 June 2019: Mr David Bowditch
The Commissioner for Fair Trading filed an application with ACT Civil and Administrative Tribunal (ACAT) alleging that Mr Bowditch did not comply with an order made by ACAT on 17 October 2018.
On 16 September 2019, ACAT was satisfied that Mr Bowditch had not complied with its orders. Mr Bowditch’s licence was cancelled and he was disqualified from applying for a licence for a period of 12 months.
17 October 2018: ACT Strata Management Services
ACT Strata Management Services admitted to the ACT Civil and Administrative Tribunal (ACAT) that it had contravened the rules of conduct on 27 occasions in its management of a number of owners corporations, and to perating for a period of time without a licensed director in charge.
ACAT was satisfied that ACT Strata Management Services had breached the legislation and made the following orders that included:
- a reprimand
- payment of a financial penalty of $8,000
- that the licensed director complete additional training and
- a requirement that it provide advice to the owners corporation regarding its obligation regarding a sinking fund.
30 March 2015: Neale John Emanuel
The ACT Magistrates Court convicted Mr Neale John Emanuel of offences under the Agents Act 2003 and the Competition & Consumer Act 2010 (Cwlth). Mr Emanuel was convicted of acting as an unlicensed agent and engaging in conduct in which he made false and misleading representations to tenants and lessors. Mr Emanuel was placed on an 18 month good behaviour order, fined $7,500 and ordered to pay court costs.
1 July 2014: Grapevine Real Estate Pty Ltd
The ACT Magistrates Court found that real estate agent licensee Grapevine Real Estate Pty Ltd contravened section 107(2) of the Agents Act 2003. Grapevine Real Estate Pty Ltd received trust money and failed to pay the money into a trust account kept by them by the next authorised deposit taking institution business day after they received the money. The company was fined $5,000.00.
Mark Blinksell, the director of Grapevine Real Estate Pty Ltd, plead guilty to theft an offence against section 308 of Criminal Code 2002. Mr Blinksell dishonestly appropriated property, namely a cheque in the amount of $22,000 with the intention of permanently depriving the owners of the property. A conviction was recorded and he was given a 6 month suspended prison sentence. Mr Blinksell entered into a 3 year good behaviour bond and was fined $5,000.00 plus $71.00 court costs.
25 February 2014: Mark Blinksell
The ACT Civil and Administrative Tribunal (ACAT) found that licensed agent Mr Mark Blinksell contravened the Agents Act 2003 (the Act). He dealt with trust money otherwise than as directed by the person for whom the money was held on trust, which breached section 107(1) of the Act. Mr Blinksell also contravened section 107(2) of the Act in that he received trust money and did not pay the money into a trust account. The ACAT concluded that Mr Blinksell engaged in dishonest conduct in misapplying the deposit monies he had received as the vendor's agent.
Due to the contraventions, the ACAT made orders; cancelling Mr Blinksell's real estate agent's licence; disqualifying him for a period of five years from applying for a real estate agent's licence; cancelling Mr Blinksell's business agent's licence; disqualifying him for a period of five years from applying for a business agent's licence; and disqualifying Mr Blinksell for a period of three years from applying for a real estate or business salesperson's registration.
Court actions relating to Liquor Act 1975 and Liquor Act 2010 in the last 10 years
10 March 2023: 11 Lonsdale Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee 11 Lonsdale Pty Ltd trading as Assembly contravened section 127 of the Liquor Act 2010. This was on the basis that the licensee failed to apply the venue’s Risk Assessment Management Plan, comply with their licence conditions or report incidents as required under the Liquor Act.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The ACAT ordered that the licensee be publicly reprimanded; the licensee’s liquor licence be suspended for one full trading day on Friday 14 April 2023; the licensee give a public apology; the licensee’s liquor licence be amended with conditions regarding written reports about incident reports that happen at the licensed premises and that the licensee close all external doors and windows by 10pm; and the licensee enter into an undertaking concerning the training provided to new and existing staff in relation to the licensee’s obligations under the liquor legislation.
The ACAT also ordered that the respondent pay a $9,000 financial penalty.
30 November 2021: Mojoe Enterprises Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee Mojoe Enterprises Pty Ltd contravened section 127 of the Liquor Act 2010. This was on the basis that the licensee failed to retain CCTV footage, failed to maintain a security register, requires improvement to systems for counting patrons and failed to report reportable incidents.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The ACAT ordered that the respondent be publicly reprimanded and give a written undertaking concerning steps it would take to minimise the likelihood of further contraventions of the Liquor Act, Liquor Regulation and its Risk Assessment Management Plan (RAMP), including the provision of training for, and the giving of written directions to employees and the adoption of relevant procedures for the following: the storage obligations in respect of CCTV footage; procedures for maintaining a security sign-in register; compliance with COVID-19 occupancy loadings; and reporting of incidents in compliance with the RAMP.
The ACAT also ordered that the respondent’s licence be suspended for a period of 1 day on Thursday 2 December 2021, give a written direction to the Commissioner to amend the liquor licence to include a condition to retain CCTV footage for 1 days and pay a financial penalty of $7,000.
10 December 2018: HH & HD Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that the respondent HH & HD Pty Ltd (former owner of Soundbox Karaoke Bar) contravened sections 27, 183 and 187 of the Liquor Act 2010. This was on the basis that the licensee supplied liquor to an intoxicated person, supplied liquor to an underage person, failed to comply with the Risk Assessment Management Plan and failed to report incidents.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The ACAT ordered that the respondent be publicly reprimanded and disqualified from applying for a liquor licence or liquor permit for a period of 18 months. The ACAT also ordered that the respondent pay a $20,000 financial penalty. The current owners of the Soundbox Karaoke Bar in Dickson, X.W.Y Pty Ltd, were not involved in these proceedings.
2 June 2017: AIA Investments Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee AIA Investments Pty Ltd trading as Playground Martini and Tapas Bar contravened sections 10, 125 and 187 of the Liquor Act 2010. This was on the basis that the occupancy loading was exceeded on three occasions in two months.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The ACAT ordered that the licensee be publicly reprimanded and that the licensee provide a written undertaking with regards to policies and procedures, training of current and new staff and perform a walk through count of patrons each Thursday, Friday and Saturday. The ACAT also ordered that the licensee pay a $5,000 financial penalty.
20 March 2015: The Australian National University Union Inc.
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee The Australian National University Union Inc. trading as ANU Bar contravened section 127 of the Liquor Act 2010. This was on the basis that the licensee failed to comply with the Risk Assessment Management Plan and the emergency exit was impeded.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The ACAT ordered that the licensee be publicly reprimanded and that the licensee provide a written undertaking concerning steps it will take to minimise the likelihood of future contraventions including a review of the RAMP to make more clear the frequency and content of training and induction of permanent and casual employees’ in relation to fire safety; and a review of documents and processes for such training and induction to highlight issues of safety.
The ACAT also ordered that the licensee pay financial penalties of $1,000 and $2,000 for the two separate contraventions totalling $3,000.
21 November 2014: Lucane Enterprises Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee Lucane Enterprises Pty Ltd trading as NV Nightclub contravened section 120(1) of the Liquor Act 2010. This was on the basis that a young person was in an adult’s only area at the licensed premises on 25 May 2014. At the time of the offence, the licensee had applied for a licence transfer however, it had not been completed. The ACAT determined that the licensee was responsible and consequently there were grounds for occupational discipline.
The ACAT imposed a penalty of $500 in relation to this matter to be paid within 7 days.
26 September 2013: The Gungahlin Bar & Restaurant Pty Ltd
The ACT Civil and Administrative Tribunal (ACAT) determined that liquor licensee the Gungahlin Restaurant and Bar Pty Ltd trading as Siren Bar had contravened sections 12 and 127 of the Liquor Act 2010 in March 2013. This was on the basis that liquor was sold to persons after closing time, that is, without a licence authorising the sale and that CCTV footage was not kept and provided to Police in accordance with the licensee's risk assessment management plan.
Due to the contraventions, the ACAT determined that there were grounds for occupational discipline. The licensee had not previously breached the liquor laws. The ACAT ordered that the licensee provide a written undertaking to the Commissioner for Fair Trading and that the respondent is to pay a total financial penalty of $1,000 for the breaches.
Court actions relating to Tobacco Act 1927 in the last 10 years
There have been no court actions relating to the Tobacco Act 1927 in the last 10 years.