The Chief Executive, Department of Justice and Attorney General v DJ Stringer Property Services Pty Ltd

The Chief Executive, Department of Justice and Attorney General has brought proceedings against DJ Stringer Property Services Pty Ltd and its director, David John Stringer, before the Queensland Civil and Administrative Tribunal. The dispute revolves around the agent's drawing of a pre-commission payment, which is prohibited under the Property Agents and Motor Dealers Act 2000. There was no loss to any third party, and the respondent conceded to the breach of the Act.

The primary legal issue was whether the tribunal should impose penalties for the breach of the Act. The respondent admitted to the breach and acknowledged the severity of the offence. The tribunal needed to determine the appropriate penalties for both the company and its director, considering the nature and extent of the breach.

The tribunal decided that the breach was serious, warranting penalties. It issued a reprimand to both DJ Stringer Property Services Pty Ltd and David John Stringer. Additionally, the tribunal ordered DJ Stringer Property Services Pty Ltd to pay a fine of $7,000, equivalent to 70 penalty units, and David John Stringer to pay a fine of $2,000, equivalent to 20 penalty units, within 30 days. Both parties were also ordered to pay the Chief Executive’s costs of the proceedings, amounting to $765, within the same timeframe.