Consumer Protection

A Perth migration agent who accepted money from clients for a range of services which were not supplied has agreed to repay the money under a payment plan supervised by Consumer Protection.

Director Rebecca Joan Mason and Mason Migration Pty Ltd, formerly trading as Mason Migration of Subiaco, have signed an enforceable undertaking that agrees by 30 June 2019 to pay a total of $20,955 to Consumer Protection who will then distribute the funds to five clients. Ms Mason has already refunded $1,400 to one client.

A Mandurah real estate sales representative has been cautioned and fined $1,000 by the State Administrative Tribunal for failing to disclose important information regarding the sewerage of a home that he was selling.

Jonathan Kenny-Levick was the co-owner of his home in Dawesville that he put on the market in January 2016 through his agency as the listing representative. At the time, the property was still on septic tanks even though a scheme sewerage connection was available.

An unauthorised withdrawal from a trust account has resulted in a Fremantle real estate agency being fined $3,000 and ordered to pay costs of $1,000 by the State Administrative Tribunal.

Port City Pty Ltd, trading as Port City Real Estate, had withdrawn $4,735 from the trust account in July 2017 as a “break contract fee” in circumstances where its agreement with the client who had engaged the agency to manage four commercial units did not permit it.

A real estate sales representative who stole money from an agency’s trust account has been permanently banned from ever holding a certificate of registration in the industry in WA.

Kylie Marie Chiplin pleaded guilty and was convicted on 12 April 2019 of stealing $34,803.99 from the trust account of Peard Real Estate Scarborough between February 2016 and May 2018 while employed as a property manager.

On 8 May 2018, Ms Chiplin was fined $3,000 and sentenced to 18 months imprisonment, suspended for 24 months, by the Perth Magistrates Court.

A Claremont property management agency has been reprimanded, fined $8,000 and ordered to pay costs of $2,000 by the State Administrative Tribunal (SAT) on 13 June 2019 for trust account errors and other breaches of the law.

Gemranch Nominees Pty Ltd, trading as TM Residential and Executive Leasing, had breached the Real Estate and Business Agents Act and the Code of Conduct for Agents and Sales Representatives by failing to exercise due skill, care and diligence.

An unlicensed motor vehicle dealer has been fined $5,000 and ordered to pay costs of $943.50 by the Perth Magistrates Court after pleading guilty on 10 June 2019.

Daniel Alan Hodgins of Baldivis had purchased and sold 16 motor vehicles between April 2017 and July 2018 without a licence, in breach of the Motor Vehicle Dealers Act.

Commissioner for Consumer Protection David Hillyard said unlicensed dealing threatened the rights and protections of consumers and created an uneven playing field for the industry.

With the end of the financial year looming, Consumer Protection is warning WA taxpayers to be aware of scam attempts that usually accelerate over the next six months.

Tax scams continue to take a large financial toll on Western Australians who are usually cold-called by criminals pretending to be from the Australian Taxation Office (ATO) and demanding a fictitious tax debt be paid immediately. In most cases, the caller threatens their victim with arrest if the payment is not made.

A Perth car dealership and a salesperson managing the business have been fined $31,500 in total for duping consignors who they were selling vehicles for.

PAG (WA) Pty Ltd, trading as Xoticar of Welshpool and Mr Zeljko Grujin each pleaded guilty to a total of seven contraventions of the Motor Vehicle Dealers Act (MVDA) and two breaches of the Australian Consumer Law (ACL) at the Perth Magistrates Court on 27 May 2019.

The dealership, specialising in consignment sales, did not comply with the MVDA by:

A bikini business ended up in deep water and was fined $30,000 after Consumer Protection prosecuted the online swimwear seller for misleading customers about refund and returns rights.

Frankii Swim Pty Ltd must also pay costs of $546.30 after a sentencing hearing at the Perth Magistrates Court on 17 May 2019, for three breaches of the Australian Consumer Law.

With Commissioner for Consumer Protection, David Hillyard

Enthusiasts refer to it as retail therapy, but it can also be incredibly frustrating to circle packed car parks, push your way through hordes of shoppers or visit the shops only to find the item you want isn’t even available.