Consumer Affairs Victoria: Commencement of action against two individuals
/2 June 2022
Consumer Affairs Victoria (CAV) published notices to consumers via their website last month, advising that they will be taking legal/disciplinary action against two individuals. Although the cases are separate and unrelated to one another, of the various reasons for action, both individuals are alleged to have failed to act fairly and honestly, conducted themselves in a way detrimental to the estate agent industry, and engaged in unprofessional behaviour. Both individuals are also considered by CAV as not being “fit and proper persons to hold an estate agent licence”.
CAV reported on each instance of action as follows:
Action against Joshua Allison
Consumer Affairs Victoria is taking action against the director of a Port Melbourne estate agency.
Joshua Allison, 41, of Port Melbourne, is the sole director and officer in effective control of Josh Allison Enterprises Pty Ltd (ACN: 168 306 312). He has operated as an estate agent and agent’s representative under the auspices of the company.
Our Director suspended the licences of Mr Allison and his company in February, under the Australian Consumer Law and Fair Trading Act 2012, after being alerted that Victoria Police had charged Mr Allison with criminal offences.
We are taking further action at the Victorian Civil and Administrative Tribunal (VCAT) against Mr Allison and his company under the Estate Agents Act 1980 and related regulations, alleging Mr Allison:
has engaged in conduct that is unprofessional and detrimental to the reputation or interests of the estate agent industry
is not of good character, and not a fit and proper person to hold an estate agent’s licence.
Mr Allison appeared at a Directions hearing on 16 May. The matter has been adjourned, pending the outcome of the criminal proceedings he is facing.
Action against Saowanee Howell
Consumer Affairs Victoria is taking action against an estate agent we allege failed her responsibilities to act fairly and honestly, conducted herself in a way detrimental to the industry and failed to have her trust accounts audited for a decade.
Saowanee Howell, 61, of Seymour, will appear in disciplinary proceedings at the Victorian Civil and Administrative Tribunal (VCAT) after we allege she breached the requirements of an agent under the Estate Agents Act 1980 and related regulations.
We allege Ms Howell:
failed to cause her trust accounts to be audited annually for the financial years from 2012 to 2021
failed to at all times act fairly and honestly and to the best of her knowledge and ability in performing her functions as an agent, and
engaged in conduct that was unprofessional or detrimental to the reputation or interests of her industry.
Trust account obligations, including obtaining an annual audit, are critical consumer protection measures. They ensure client money is safe when entrusted to an agent as part of a sale or renting transaction. Agents who don’t have their accounts audited or fail to lodge a copy of the report may also face penalties of up to almost $20,000.
In July 2018, the Business Licensing Authority imposed conditions on Ms Howell’s estate agent’s licence, prohibiting her from receiving or otherwise dealing in any trust money as an estate agent, and from operating or being a signatory to any estate agent trust account.
Consumer Affairs Victoria will advise VCAT that it considers Ms Howell is not a fit and proper person to hold an estate agent’s licence.
Ms Howell is scheduled to appear at VCAT for a directions hearing on 27 June.
