Melbourne Magistrates’ Court has made declarations that Carrum Business Centre Pty Ltd and its sole director Judith Ann-Helena Smith caused, permitted, aided and abetted Carrum Business Centre Pty Ltd to carry on a conveyancing business whilst unlicensed in contravention of section 9 of the Conveyancers Act 2006.
In addition, the Court ordered injunctions restraining the business and its sole director from:
- carrying out conveyancing work
- representing, causing or permitting others to represent them as being authorised to carry out conveyancing work
- advertising as an authorised a conveyancer.
The court also ordered both parties to display a notice in the form ordered by the Court for three months from the date of the order, detailing the court’s finding and pay court costs of $2432.
The Director of Consumer Affairs Victoria, Dr Claire Noone, alleged that Carrum Business Centre contravened the Conveyancers Act 2006 by:
- carrying on a conveyancing business without being licensed or exempt; and
- representing to the public (through signage and business cards) that it was a licensed conveyancing business.
It was also alleged that the business contravened the Australian Consumer Law by engaging in misleading or deceptive conduct.
Dr Noone alleged that Judith Ann-Helena Smith contravened the Conveyancers Act 2006 by causing, permitting, aiding or abetting Carrum Business Centre to carry on a conveyancing business.
The court also ordered the company and Ms Smith pay costs of $2432.