The Chief Executive, Office of Fair Trading, Department of Justice v Aljumaily

[2025] QCAT 283

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

The Chief Executive, Office of Fair Trading, Department of Justice v Aljumaily [2025] QCAT 283

PARTIES:

THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF JUSTICE

(applicant)

v

ALI ALJUMAILY

(respondent)

APPLICATION NO/S:

OCL042-24

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

9 July 2025

HEARD AT:

Brisbane

DECISION OF:

Member Goodman

ORDERS:

The respondent is to pay the applicant $16,227.56 within 21 days of the date of this order.

CATCHWORDS:

CLAIM FUND – REIMBURSEMENT ORDER – whether reimbursement order should be made

Agents Financial Administration Act2014 (Qld), s 80, s 85, s 82(1), s 101, s 102, s 103, s 116, s 117, s 118, s 119

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. The applicant administers a fund that provides publicly funded compensation if a person suffers financial loss because of the happening on one of the events described in s 82(1) of the Agents Financial Administration Act 2014 (Qld). If compensation is paid, the applicant may then lodge an application in this tribunal seeking reimbursement from the person responsible for the loss, pursuant to s 119 of the Agents Financial Administration Act 2014 (Qld).

2. In this case:

   (a)A claimant bought a motor vehicle from the respondent.

   (b)The claimant lodged a claim against the fund, alleging that the respondent had made false and misleading statements about the vehicle and he had suffered financial loss as a result.

   (c)By decision dated 30 November 2023, the applicant determined that:

   (i)      the claim was allowed and the fund was to pay $16,227.56 to the claimant (the amount of his loss);[1]

   (ii)      the respondent was liable for the claimant’s financial loss and liable to reimburse the fund the amount of $16,227.56.

   (d)On 1 December 2023, the applicant sent the respondent a written notice of the decision in the form of a letter enclosing a copy of the decision, reasons for the decision and an information notice.[2] The respondent was advised on his review rights.

   (e)On 19 January 2024, the applicant sent the respondent a letter of demand in respect of the debt owing to the fund.

   (f)On 28 June 2024, the applicant filed in this tribunal an application for a reimbursement order.[3] The tribunal may make an order that the respondent reimburse the fund if the applicant has allowed a claim against the fund, and the respondent is liable to reimburse the fund but has not done so as required by a letter of demand given to the respondent.[4]

   (g)The decision and information notice was sent to the respondent by prepaid ordinary post at his last known address. The respondent has not applied to the tribunal for review of the decision, as he was entitled to.[5] Consequently, the decision binds the respondent, who may no longer challenge its correctness.[6]

   [1]Agents Financial Administration Act 2014 (Qld) s 101(1).

   [2]Ibid s 102.

   [3]Ibid s 117.

   [4]Ibid s 116(6).

   [5]Ibid s 103.

   [6]Ibid s 101.

3. A statutory declaration made in relation to the debt has been provided to the tribunal. The applicant has not received any payments from the respondent and is now authorised to recover the amount from the respondent as a debt due and owing.[7]

   [7]Ibid ss 116, 117.

4. The tribunal must make a reimbursement order if satisfied that the statutory requirements are met:[8]

   (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:

   (i)     the chief executive has made a decision about a claim against the fund; and

   (ii) under section 116 of the Agents Financial Administration Act 2014 (Qld), the respondent is liable to reimburse the fund in a stated amount; and

   (iii)    (in this case) the respondent did not apply to the tribunal to have the decision reviewed; and

   (iv)    written notice of the chief executive’s decision, a copy of the decision and an information notice was given to the respondent.[9]

   [8]Ibid s 119.

   [9]Ibid ss 102, 119.

5. The respondent has not taken any part in the tribunal proceedings. Accordingly, the applicant’s evidence is unchallenged and I accept it.

6. I find that:

   (a)The applicant has the right to apply to the tribunal pursuant to s 117 of the Agents Financial Administration Act 2014 (Qld) as the chief executive has decided to allow a claim by the claimant against the fund.

   (b)The respondent is liable to reimburse the fund pursuant to s 116 of the Agents Financial Administration Act 2014 (Qld).

   (c)The respondent did not apply to the tribunal to have the decision reviewed.

   (d)Written notice of the decision, a copy of the decision and an information notice were given to the respondent.

   (e)The respondent has not reimbursed the fund.

   (f)The documents provided with the tribunal application conform with the requirements of s 117(4) of the Agents Financial Administration Act 2014 (Qld).

   (g)The application has been served on the respondent as required by s 118 of the Agents Financial Administration Act 2014 (Qld).

7. The tribunal must, therefore, make a reimbursement order, which must state that the respondent is liable to pay to the chief executive a stated amount within a stated period.[10]

   [10]Ibid s 119.

8. The decision of the tribunal is that the respondent must pay the applicant $16,227.56 within 21 days of this order.