Court outcomes
The Office of Fair Trading (OFT) takes compliance and enforcement action against businesses and regulated industries who fail to meet their legal obligations under laws we administer. The type of enforcement action we take depends on the circumstances and is guided by our compliance and enforcement policy. Read about our compliance program.
Most of OFT’s court actions relate to businesses breaching Australian Consumer Law (ACL). ACL applies to businesses in all states and territories.
The OFT can prosecute a person or organisation when it believes fair trading legislation has been breached. A court decides if the law has been broken and, if so, whether to issue an order or a fine.
For example, depending on the issues involved orders could:
- require the business to remedy their conduct (e.g. paying restitution or replacing a product) with customers or anyone else who has been negatively affected
- void, change or refuse to enforce the terms of a contract
- in the case of people and organisations licensed by OFT, cancel the business’s licence or place conditions on them.
A court can order a fine to punish an activity, prevent the business from reoffending, set a precedent or send a message to the community.
Depending on the action the OFT takes, the court can order:
- civil fines—if the fine is not paid, the business’s assets may be taken and sales actions or bankruptcy proceedings may be needed
- criminal fines—if the fine is not paid, it may lead to imprisonment.
Prosecution action register
The register below lists prosecution actions the OFT has taken to help consumers stay informed when buying goods and services.
Each entry lists the:
- date of the action
- location of where the action is taken
- name of the entity prosecuted (this may be a person or an organisation or both)
- offence(s) committed and under which legislation
- ACL
- Agents Financial Administration Act 2014
- Collections Act 1966
- Criminal Code Act 1899
- Motor Dealers and Chattel Auctioneers Act 2014
- Property Occupations Act 2014
- outcome of the prosecution action, including the fine and compensation ordered.
2024
Hayden Lee Carter Date: 1 March 2024 Court: Holland Park Magistrates Court Industry: Roof repairs Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $3,000 Compensation order: $5,135.62 Conviction recorded: No |
Jamie Pamela Miller trading as Earth Homewares Date: 26 February 2024 Court: Southport Magistrates Court Industry: Retail Charges: 8 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $9,000 Compensation order: Nil—refunds paid prior to sentencing Conviction recorded: No |
Jakob Alexander Goonan Date: 13 February 2024 Court: Southport Magistrates Court Industry: Metal fabrication Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $2,000 Compensation: $1,150 Conviction recorded: No |
Ronald William McDonald Date: 1 February 2024 Court: Brisbane Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $10,000 Compensation order: $6,200 Conviction recorded: No |
Billy Melgar Badani and iRent Property Management Pty Ltd Date: 19 January 2024 Court: Brisbane Magistrates Court Industry: Real estate Charges:
Fine:
Conviction recorded: Yes—iRent Property Management Pty Ltd |
Wayne Alan Jaenke Date: 10 January 2024 Court: Ipswich Magistrates Court Industry: Real estate Charges: 1 count of dishonestly converting trust money for own use—s206(2)(a), Property Occupations Act Conviction recorded: Yes Other order: Imprisonment for 6 months wholly suspended for 2 years |
Filemoni Iakopo Amato Date: 9 January 2024 Court: Richlands Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $3,500 Compensation order: $1,700 Conviction recorded: No |
2023
Karunesh Kathuria and Amandeep Kaur, Trustees of Australia Bond Cleaning Services Trust Date: 15 December 2023 Court: Brisbane District Court Industry: Cleaning services Contravene: Sections 18, 29 and 34, ACL Court order:
|
Devender Singh, Wish Clean Pty Ltd and CBCG Pty Ltd Date: 15 December 2023 Court: Brisbane Magistrates Court Industry: Cleaning services Charges:
Devender Singh charged conjointly with Wish Clean Pty Ltd and CBCG Pty Ltd. Fine:
Conviction recorded: No |
Benjamin David Bickford Date: 15 December 2023 Court: Brisbane Magistrates Court Industry: Construction—Fencing Charges:
Fine: $15,000 Compensation order: $13,355.50 Conviction recorded: No |
Steve Fawaz Mousa Qaqish Date: 8 December 2023 Court: Beenleigh Magistrates Court Industry: Motor—odometer tampering Charges: 3 counts of false representations about mileage—s218, Motor Dealers and Chattel Auctioneers Act Fine: $12,000 Conviction recorded: No |
Casey Jake Boardman Date: 8 December 2023 Court: Pine Rivers Magistrates Court Industry: Construction—fencing Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $4,500 Compensation order: $1,407.50 Conviction recorded: No |
Robert Waine Tayler Date: 8 December 2023 Court: Strathpine Magistrates Court Industry: Construction—roof restoration Charges:
Fine: $38,000 Compensation order: $5,680 Conviction recorded: Yes |
Juan Paul Lehndorf Date: 1 December 2023 Court: Ipswich Magistrates Court Industry: Construction—retaining wall Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $5,000 Compensation order: $4,287.64 Conviction recorded: Yes |
Leanne Kiehne Date: 27 November 2023 Court: Southport Magistrates Court Industry: Real estate Charges: 1 count of acting as a property agent—s97(1), Property Occupations Act Fine: $1,000 Compensation order: Nil Other costs ordered to pay:
Conviction recorded: No |
Janelle Faye Eastwood Date: 17 November 2023 Court: Brisbane Magistrates Court Industry: Real estate Charges: 1 count of fraud—s408C(1)(d) Criminal Code Act Compensation order: Nil Other order: 6 months imprisonment, suspended for 2 years Conviction recorded: Yes |
Veon Royce Burke trading as JVM Trimming
Date: 13 November 2023 Court: Southport Magistrates Court Industry: Marine upholstery Charges: 3 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $5,000 Compensation order: $4,874 Conviction recorded: Yes |
Giorgio Lucas Nichols and Autofreaks Pty Ltd trading as FAF Automotive Date: 13 November 2023 (reheard 8 January 2024) Court: Southport Magistrates Court Industry: Automotive products Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine:
Compensation order: $3,409.96 Conviction recorded: No |
Vanessa Cox and Tricky Betty Pty Ltd trading as Catfish Cosmetic Date: 13 November 2023 Court: Southport Magistrates Court Industry: Cosmetic Charges:
Fine:
Compensation order: $4,395 Conviction recorded: No |
Cameron Jeffrey Dowel Date: 10 November 2023 Court: Beenleigh Magistrates Court Industry: Construction Charges:
Fine: $25,000 Compensation order: $23,567.40 Conviction recorded: Yes |
Darryl Noel Harbottle Date: 23 October 2023 Court: Brisbane Magistrates Court Industry: Construction—Fencing Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $3,500 Compensation order: $2,750 Conviction recorded: No |
Erin Elizabeth McKenna and Curve Bridal Boutique Pty Ltd Date: 20 October 2023 Court: Brisbane Magistrates Court Industry: Retail Charges: 3 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine:
Compensation order: $5,750 Conviction recorded: No |
Daniel Robert Klaus and Brewed Brewery Pty Ltd Date: 5 October 2023 Court: Southport Magistrates Court Industry: Motor—Caravan Charges:
Fine:
Compensation order: $171,200 Other costs ordered to pay: $4,715.95 Conviction recorded: Yes Read the media statement about this action. |
Jarred James Symons Date: 6 October 2023 Court: Pine Rivers Magistrates Court Industry: Visual Art—sculpture Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $6,000 Compensation order: $3,525 Conviction recorded: Yes |
Binit Sheth and Aussie Sun Solar Pty Ltd Date: 6 October 2023 Court: Holland Park Magistrates Court Industry: Solar energy Charges: 2 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine:
Compensation order: $7,900 Conviction recorded: Yes |
Donata Tuhura Date: 18 September 2023 Court: Ipswich Magistrates Court Industry: Cleaning services Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: Refer to 11 August 2023 outcome Compensation order: $350 Conviction recorded: Yes |
Matthew John Rhodin Date: 11 September 2023 Court: Southport Magistrates Court Industry: Motor vehicle sales Charges:
Fine: $5,000 Compensation order: $2,599 Conviction recorded: Yes |
Niravkumar Somabhai Patel Date: 1 September 2023 Court: Holland Park Magistrates Court Industry: Motor Charges: 3 counts of false representations about mileage—s218, Motor Dealers and Chattel Auctioneers Act Fine: $10,000 Compensation order: Nil Conviction recorded: No |
Hayden Thomas Cowley Date: 1 September 2023 Court: Pine Rivers Magistrates Court Industry: Landscaping Charges: 2 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $2,500 Compensation order: $2,178 Conviction recorded: No |
Colin James Lawlor Date: 31 August 2023 Court: Beaudesert Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $10,000 Compensation order: $3,200 Conviction recorded: Yes |
Lauren Lesley Hall Date: 17 August 2023 Court: Maroochydore Magistrates Court Industry: Real estate Charges:
Fine: $8,000 Compensation order: Nil Other order: Disqualified from holding a real estate licence for 5 years Conviction recorded: Yes |
Shannon John Holman Date: 15 August 2023 Court: Richlands Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $6,000 Compensation order: $4,450 Conviction recorded: Yes |
Donata Tuhura Date: 11 August 2023 Court: Beenleigh Magistrates Court Industry: Cleaning services Charges: 2 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $20,000 Compensation order: $650 Conviction recorded: Yes |
Jocelyn Strangman and Jokima Pty Ltd Date: 11 August 2023 Court: Cairns Magistrates Court Industry: Real estate Charges: 13 breaches of the Property Occupations Act and the Agents Financial Administration Act Fine:
Compensation: $4,894.69 Conviction recorded: No Read the media statement about this action. |
Jung Wook Moon Date: 4 August 2023 Court: Holland Park Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $4,000 Conviction recorded: Yes |
John Gary Ivanoff Date: 4 August 2023 Court: Brisbane Magistrates Court Industry: Motor Charges: Unlicensed motor dealer—s119(1), Motor Dealers and Chattel Auctioneers Act Conviction recorded: Yes Other order: 6 months imprisonment Read the media statement about this action. |
Hayley Birtles-Eades Date: 2 August 2023 Court: Brisbane Magistrates Court Industry: Charity Charges: 1 count of conducting of unlawful appeals for support—s10, Collections Act Order: Recognisance of $400 and good behaviour bond for 6 months Conviction recorded: No |
Adam Sean Johns Date: 10 July 2023 Court: Southport Magistrates Court Industry: Construction Charges:
Fine: $2,000 Compensation order: $13,650 Conviction recorded: Yes |
Keren Iluz-Cohen Date: 10 July 2023 Court: Southport Magistrates Court Industry: Retail Charges: 8 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $5,000 Compensation order: $10,590 Conviction recorded: Yes |
Brendan Allan Gebel Date: 10 July 2023 Court: Southport Magistrates Court Industry: Construction Charges: 2 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine: $1,000 Compensation order: $3,461 Conviction recorded: Yes |
Graham John Patterson Date: 13 June 2023 Court: Brisbane Supreme Court Industry: Real estate Charges: Trust account fraud—s408C(1)(a)(i), Criminal Code Act Conviction recorded: Yes Other order: Imprisonment for 3 months Read the media statement about this action. |
David Oneeglio Date: 12 June 2023 Court: Brisbane Magistrates Court Industry: Charity Charges:
Fine: $750 Conviction recorded: No Read the media statement about this action. |
Emilia Lloyd Date: 18 May 2023 Court: Southport Magistrates Court Industry: Acting as motor dealer Charges: 1 count of unlicensed motor dealer— s119(1), Motor Dealers and Chattel Auctioneers Act Conviction recorded: Yes Other order: 6 months imprisonment Read the media statement about this action. |
Cory Mark Wallace Date: 12 May 2023 Court: Beenleigh Magistrates Court Industry: Automotive Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $2,000 Compensation: $750 Conviction recorded: No Other order: 3 weeks to pay compensation or face imprisonment for 8 days |
Michael John Clowes Date: 5 May 2023 Court: Pine Rivers Magistrates Court Industry: Retail Charges:
Fine: $3,000 Compensation: $3,660 Conviction recorded: No |
Jacob Anthony Moratti Date: 17 April 2023 Court: Cleveland Magistrates Court Industry: Construction Charges:
Fine: $35,000 Compensation: $21,266.20 Conviction recorded: Yes |
Joshua Anthony Ward Date: 14 April 2023 Court: Pine Rivers Magistrates Court Industry: Construction Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(i), ACL Fine: $10,000 Compensation: $1,200 Conviction recorded: No |
John Graeme Palmer and NGSW Group Pty Ltd Date: 28 March 2023 Court: Beaudesert Magistrates Court Industry: Retail Charges: 1 count of wrongly accepting payment and failing to supply—s158(7)(a)(b)(ii), ACL Fine:
Compensation: $2,320 Conviction recorded: Yes |
Rahul Nagpal and Nagpal Transport Pty Ltd Date: 23 February 2023 Court: Holland Park Magistrates Court Industry: Relocation services Charges: Various ACL breaches Fine:
Compensation: Nil Conviction recorded: No Read the media statement about this action. |
John Clayton Fell and Bespoke Building Concepts Pty Ltd Date: 17 February 2023 Court: Brisbane Magistrates Court Industry: Construction Charges: 2 counts of wrongly accepting payment and failing to supply—s158(7), ACL Fine: $20,000 Compensation: $1,895 Conviction recorded: No |
Matthew John Moorcroft Carey Date: 3 February 2023 Court: Pine Rivers Magistrates Court Industry: Retail Charges: 10 counts of wrongly accepting payment and failing to supply—s158(7)(a)(b), ACL Fine: $10,000 Compensation: $14,915.30 Conviction recorded: No Read the media statement about this action. |