Storry and Office of Fair Trading (Victoria)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Storry for an Estate Agent’s Licence in Victoria. Mr. Storry held a real estate agent licence in Queensland and sought recognition of this licence in Victoria under the *Mutual Recognition Act 1992* (Cth). The Office of Fair Trading (Victoria) had denied his application. Mr. Storry brought an interlocutory application seeking dismissal of the Office of Fair Trading's objection.

The primary legal issue before the Tribunal was whether Mr. Storry's application for an Estate Agent’s Licence in Victoria had no reasonable prospect of success, as argued by the Office of Fair Trading. This question arose in the context of Mr. Storry having provided materially false or misleading information in statutory declarations concerning ongoing disciplinary proceedings against him in the Queensland Civil and Administrative Tribunal (QCAT). The Tribunal was required to determine if these misrepresentations constituted grounds for refusing the licence under the *Mutual Recognition Act 1992* (Cth) and, consequently, if the Office of Fair Trading's objection had merit.

The Tribunal found that Mr. Storry had indeed provided materially false or misleading information in his statutory declarations. It reasoned that the *Mutual Recognition Act 1992* (Cth) permits a licensing authority to refuse an equivalent licence if the applicant has been found guilty of conduct that would justify the refusal or cancellation of their existing licence, or if they have provided false or misleading information in their application. Given the clear evidence of material misrepresentations regarding disciplinary proceedings, the Tribunal concluded that Mr. Storry's application for an Estate Agent’s Licence in Victoria had no reasonable prospect of success.

Accordingly, the Tribunal dismissed Mr. Storry's interlocutory application for dismissal of the objection.