Chief Executive, Department of Justice and Attorney-General v Penney-Filippini

The case of Chief Executive, Department of Justice and Attorney-General v Penney-Filippini involved a disciplinary proceeding against Sarah Louise Penney-Filippini, a licensed real estate agent in Queensland, under the Property Agents and Motor Dealers Act 2000 (Qld). The Chief Executive sought to establish grounds for disciplinary action, alleging that Ms Penney-Filippini had employed an unlicensed person at open homes and allowed interactions between this person and prospective purchasers. The matter was heard by a tribunal which had to decide whether Ms Penney-Filippini had breached the Act by employing an unlicensed person and if so, whether this constituted incompetence or unprofessional conduct.

The tribunal had to ascertain whether the actions of Ms Penney-Filippini amounted to employing an unlicensed person as defined by the Act. Specifically, the court had to interpret the phrase "use the services of" to determine if the real estate agent had indeed employed an unlicensed person. Furthermore, it was necessary to examine whether the presence and interaction of the unlicensed person at the open homes constituted grounds for disciplinary action under the Act. The tribunal also had to consider whether the actions of Ms Penney-Filippini, if found to be in breach of the Act, warranted disciplinary measures.

In its decision, the tribunal found that grounds existed for disciplinary action against Ms Penney-Filippini under sections 496(1)(b)(i) and 496(1)(g)(iii) of the Act. The tribunal held that Ms Penney-Filippini had indeed employed an unlicensed person, as the individual had been acting in the capacity of a real estate salesperson. The tribunal concluded that this constituted a breach of the Act and potentially constituted unprofessional conduct. Consequently, the tribunal directed the parties to submit written submissions and scheduled a half-day oral hearing to determine the appropriate orders under the Act.

The tribunal issued orders requiring the Chief Executive to submit written submissions by a specified date, followed by similar submissions from Ms Penney-Filippini. The proceeding was set for a half-day oral hearing to consider the orders the tribunal might make under the Property Agents and Motor Dealers Act 2000 or any other relevant legislation.