The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Mauceri
[2025] QCAT 70
•17 February 2025
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Mauceri [2025] QCAT 70
PARTIES:
THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL (applicant)
v
ANTHONY JAMES MAUCERI (respondent)
APPLICATION NO/S:
OCL045-24
MATTER TYPE:
Other civil dispute matters
DELIVERED ON:
17 February 2025
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Howe
ORDERS:
The respondent Anthony James Mauceri must pay the applicant The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General the sum of $154,983.58 within 21 days of the date of Order.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the Chief Executive made an application for a reimbursement order from the respondent – where the Chief Executive had allowed claims against the Claim Fund from claimants who claimed the respondent was responsible for losses suffered by them – where the respondent had not disputed the decisions of the Chief Executive allowing the claims in the Tribunal - where all requisite steps had been taken and notices given as required by the Agents Financial Administration Act 2014 (Qld) – where the Tribunal was therefore obliged to make an order for reimbursement by the respondent to the Chief Executive
Agents Financial Administration Act 2014 (Qld) s 47(2)(c), s 64, s 102, s 119
Queensland Civil and Administrative Tribunal Rules 2009 (Qld) r 39(1)(b)
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
The respondent, Mr Mauceri, was a real estate agent.
Various people have claimed against the Claim Fund (‘the fund’) for financial loss they say they suffered due to the respondent.
Their claims have been allowed and the Office of Fair Trading (‘OFT’) seek an Order from the Tribunal directing the respondent, as a responsible person who is liable to reimburse the fund, be ordered to do so. OFT states the respondent has been asked to but failed to reimburse the fund the amount due of $154,983.58.
A copy of the application for reimbursement which contained details of all the allowed claims, together with details of the appointment of a receiver by OFT pursuant to s 47(2)(c) of the Agents Financial Administration Act 2014 (Qld) (‘AFA’) and the costs of the receiver has been served on the respondent in accordance with Rule 39(1)(b) of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld).
The respondent has filed no material, though invited to do so, in response to the application. I note the directions to file material erroneously referred to the application for reimbursement as one to extend time, but the application served made clear the substance of the claim and orders sought, that is, that the respondent reimburse and be ordered to pay back to the fund the sum of $154,983.58 within 21 days of order.
No issue has been raised by the respondent about misstatement in the directions, and indeed the respondent has failed to participate at all in the proceedings. The only material filed has been filed by OFT.
The application includes a copy of the requisite information notices given pursuant to s 102 AFA advising the decision of the Chief Executive to allow the claims, a copy of a letter of demand dated 17 January 2024 claiming $154,983.58 and a statutory declaration made by a delegate of the Chief Executive. In the statutory declaration the amount paid from the fund to the claimants is stated to be $110,591.15, the costs of the receiver appointed by OFT $81,320.01 and the total of monies received $36,927.58, leaving the balance outstanding of $154,983.58.
By s 119 AFA:
(1) QCAT must consider an application for a reimbursement order and any written submissions made by the respondent for the application.
(2) QCAT must make a reimbursement order if satisfied that—
(a) the respondent has not paid the stated amount within the time allowed under the letter of demand; and
(b) if the application relates to the reimbursement of a claim against the fund—the matters stated in subsection (3) apply.
(3) For subsection (2)(b), the matters are—
(a) the chief executive has made a decision about a claim against the fund; and
(b) under section 116 the respondent is liable to reimburse the fund in a stated amount; and
(c) either—
(i) the respondent did not apply to QCAT under section 103 to have the decision reviewed; or
(ii) the decision has been reviewed by QCAT, and under QCAT’s decision, the respondent is liable to reimburse an amount to the chief executive or the fund; and
(d) written notice of the chief executive’s decision, a copy of the decision and an information notice under section 102 was given to the respondent.
(4) If QCAT makes a reimbursement order, the order must state that the respondent is liable to pay to the chief executive a stated amount within a stated period.
I make the following findings based on the material before me.
Over the period 26 February 2020 to 24 April 2020 the Chief Executive made decisions that 32 claimants on the fund were entitled to payment from the fund for a total of $110,591.15 and the Chief Executive determined the respondent and GCQ Property Sales and Rentals Pty Ltd, a company of which the respondent was a member and director, were jointly and severally liable to reimburse all such payments to the fund.
Written notice of the Chief Executive’s decisions, copies of the decisions and information notices under s 102 AFA were given to the respondent.
A search of the Tribunal record discloses, and I am satisfied, that no application has been made by the respondent to review any of the said decisions made by the Chief Executive.
On 29 July 2019, acting pursuant to s 47(2)(c) AFA, receivers were appointed by OFT over the trust property of the respondent and GCQ Property Sales and Rentals Pty Ltd.
By s 64 AFA the respondent, as an agent or as an executive officer of GCQ Property Sales and Rentals Pty Ltd when the events for which the Chief Executive appointed the receiver happened, is a person liable to reimburse OFT for any amounts paid for the receiver’s remuneration and costs. The amount paid by OFT to the receiver for the receiver’s remuneration and costs is $81,320.01 and that is evidenced by invoices from the receivers, copies of which have been provided to the respondent.
I am satisfied that the respondent is liable to reimburse the fund the amount of $154,983.58.
As such I am required to make a reimbursement order.
By s 119(4) the reimbursement order must also state that the respondent is required to pay a stated amount to the Chief Executive. The amount is $154,983.58 and an appropriate period is 21 days from the date of order.
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