New service helps tenants and landlords resolve COVID-19 tenancy issues

The McGowan Government has created a free conciliation service to assist renters and landlords reach agreement about coronavirus (COVID-19) related tenancy disputes, without having to go to court.

The aim of the Residential Tenancies Mandatory Conciliation Service (RTMCS) is for all sides to reach a fair and achievable solution through informal discussion. Unlike court where a decision is imposed, mandatory conciliation encourages renters and landlords to work together to come up with arrangements that suit everyone.

Tree lopper cut down by Supreme Court after acquittal overturned (Sean Robert Weinthal)

The Supreme Court has overturned the acquittal of a Perth tree lopper and convicted him on six charges of breaking consumer law related to an unsolicited sale after a successful appeal by Consumer Protection.

Sean Robert Weinthal, who at the time of the offences was operating under the business name West Coast Trees, was acquitted of the charges by the Perth Magistrates Court in June 2019 but this was overturned on appeal by the Supreme Court on 30 April 2020. He will be sentenced on 13 July 2020.

$21,000 in fines and compensation for overcharging management fees 132 times (Arcturus Nominees Pty Ltd / Polaris Realty / Robyn Staggard)

A Caversham real estate agency and its property manager have been fined a total of $12,000 by the State Administrative Tribunal for overcharging eight owners of Pilbara rental properties 132 times.

Arcturus Nominees Pty Ltd, trading as Polaris Realty, was fined $8,000 and property manager Robyn Dale Staggard was fined $4,000 for failing to exercise due care, diligence and skill, breaching the Real Estate and Business Agents Act and the Code of Conduct. They were also reprimanded.

Spa supplier in hot water over missing warnings (Hunter Products Pty Ltd / Jeffrey Hunter)

Failing to display warning labels on the retail packaging of portable spas has prompted the supplier to introduce strict new quality assurance procedures and donate $10,000 to Royal Life Saving Australia.

The measures are part of an enforceable undertaking entered into by Hunter Products Pty Ltd and its sole director Jeffrey Donald Hunter after Consumer Protection commenced legal action in the Perth Magistrate’s Court over the incident.   

Costco fuel outlet now reports prices to FuelWatch

The Costco fuel outlet at Perth Airport will now be required to report its prices to FuelWatch when new regulations come into effect tomorrow.

Previously, the member-based fuel retailer was exempt as the Petroleum Products Pricing Act 1983 (WA) did not cover fuel sales when there is an existing agreement between the customer and the fuel retailer. The law has been changed so Costco cannot claim this exemption and is now required to participate in the FuelWatch scheme.

Investment scammer targeting regional West Aussies

Western Australians are warned to be on high alert for unsolicited SMS or social-media messages urging them to inject money into a fraudulent scheme disguised as an investment opportunity.

Consumer Protection is aware of an investment scam circulating in the WA community that claims almost $22 million can be unlocked from an international account if the recipient pays part of the $500,000 required in fees and taxes to release the money.

Commissioner for Consumer Protection Penny Lipscombe said the scammer seemed to be targeting those living in regional WA.

Penalty for real estate trust fund theft – Jason John Vecchio

A real estate agency manager recently jailed for fraud has been ordered to pay $10,000 in fines and costs for taking more than $220,000 of clients’ money from trust accounts.

At Perth Magistrates Court on 18 March 2020, Jason John Vecchio pleaded guilty to 15 breaches of the Real Estate and Business Agents Act for unauthorised withdrawals and mismanagement of the trust accounts in 2015.