Trader jumps the fence on consumer rights
A Gold Coast fencer has been ordered to pay $23,534 in fines and compensation in the Southport Magistrates Court (14 November 2022) after charges were laid by the Office of Fair Trading (OFT).
Christopher Martin Williams, operator of the business AAA Custom Fencing and Furniture, was found guilty of six breaches after failing to provide fencing services to several consumers.
Mr Williams did not appear in court and the matter was heard ex-parte.
Mr Williams was fined $15,000 and ordered to pay a total of $8,534 compensation to six affected consumers. A conviction was recorded.
The court heard that between October 2021 and January 2022, Mr Williams accepted deposits from several consumers totalling over $8,000 for the supply and installation of fencing on consumers residential properties.
In most cases, consumers were provided with an invoice, and after paying a large deposit to Mr Williams, they never heard from him again.
None of the affected consumers received any of their money back.
Commissioner for Fair Trading Victoria Thomson said it was illegal for a trader to accept payment for a service and fail to supply it under the Australian Consumer Law.
“We advise consumers to do their homework by checking reviews and try to only use traders with good reputations to avoid disappointment,” Ms Thomson said.
“Ask friends and family for the names of traders they’ve used that they’d recommend. Ask traders for details of their previous customers and go and see their work and talk to those clients.”