Commissioner for Consumer Affairs v Pertini

The case of Commissioner for Consumer Affairs v Pertini concerns the disciplinary action against Darren Lee Pertini, a holder of a building work contractors licence, for events leading to the winding up of DL and KJ Constructions Pty Ltd. The Commissioner for Consumer Affairs lodged a complaint under the Building Work Contractors Act 1995, asserting that Pertini should face disciplinary action due to his role as a director of a corporation that was wound up for the benefit of creditors. The Commissioner argued that Pertini's conduct warranted action under the Act, specifically pointing to sections 21(1) and 9(1)(d). The court had to determine whether the events that led to the winding up of the corporation provided proper cause for disciplinary action against Pertini, and if so, what form that action should take.

The court's primary task was to interpret the Act and assess whether the circumstances of DL and KJ Constructions Pty Ltd being wound up constituted proper cause for disciplinary action against Pertini. The court considered the wide range of orders available under the Act upon finding proper cause for disciplinary action. This included the potential for varying the conditions of Pertini's licence to limit the work he could undertake. The court had to balance the need for consumer protection and industry regulation against Pertini's long and unblemished career in the building industry.

After reviewing the evidence and arguments, the court determined that the winding up of DL and KJ Constructions Pty Ltd did constitute proper cause for disciplinary action. The court decided that the appropriate action was to vary the conditions of Pertini's licence. The new conditions limited the type and value of building work he could undertake. This decision reflected the court's intent to maintain public confidence in the building industry while taking into account Pertini's professional conduct and the fact that there were no complaints about his work quality or ability.

The final orders of the court included varying the conditions of Pertini's building work contractors licence to restrict him to residential building work up to and including two storeys, renovations, and carpentry and joinery, with a total contract value not exceeding $350,000. This decision ensured that Pertini could continue working in the industry under the new, more stringent conditions.