Chief Executive, Department of Justice and Attorney General v Hawash

The matter before the court involved the Chief Executive of the Department of Justice and Attorney General and John Hanna Hawash, a motor dealer. The Chief Executive brought proceedings against Hawash for multiple breaches of the Property Agents and Motor Dealers Act 2000, alleging unprofessional and incompetent conduct. The primary issues before the court were whether Hawash’s actions constituted unprofessional and incompetent conduct, and if so, what penalties should be imposed. Additionally, the court had to determine whether Hawash should bear the costs of the proceedings.

The court found that Hawash had failed to provide buyers with receipts, copies of contracts, cooling-off notices, and statutory warranties as required by the Act. Furthermore, Hawash had produced copies of documents with false signatures, which was deemed a serious breach of professional standards. The court held that these actions constituted both unprofessional and incompetent conduct, warranting disciplinary action. The court emphasised the importance of transparency and honesty in dealings with consumers, which Hawash had clearly failed to uphold.

In light of these findings, the court imposed several penalties on Hawash. He was reprimanded and disqualified from holding a motor dealer's licence or registration certification for ten years, as well as from being an Executive Officer of any corporation holding such a licence. Hawash was also ordered to pay a fine of $7,910 within 28 days. Furthermore, he was required to complete specific training before he could reapply for a motor dealer’s licence. Finally, Hawash was ordered to pay the Chief Executive's costs, with a process in place to determine the exact amount if the parties could not agree.