The Chief Executive, Department of Employment, Economic Development and Innovation v Schellaars

The Chief Executive of the Department of Employment, Economic Development and Innovation brought proceedings against Ms Schellaars in the Queensland Civil and Administrative Tribunal, concerning her conduct as a licensee under the Property Agents and Mortgage Lenders Act 2008. Ms Schellaars was found to have improperly withdrawn money from her trust account and invested it in a holiday account. Despite the impropriety, no loss was suffered by clients, and Ms Schellaars cooperated with the Department throughout the investigation.

The primary legal issue before the Tribunal was whether Ms Schellaars' actions warranted a penalty under the Property Agents and Mortgage Lenders Act 2008. The Tribunal considered the nature and seriousness of the breach, the extent of Ms Schellaars' cooperation with the Department, and the impact on her clients. The Tribunal concluded that although no loss was suffered by clients, the breach was serious enough to warrant a penalty to maintain public confidence in the property industry.

In its decision, the Tribunal held that Ms Schellaars' actions were sufficiently serious to warrant a penalty, but her cooperation and the lack of client loss were mitigating factors. The Tribunal imposed a disqualification from holding a licence for five years and a fine of $5000. The Tribunal emphasised the importance of trust and integrity in the property industry and the need for licensees to comply with statutory obligations to protect consumers.

No order was made as to costs.