Carrum Business Centre Pty Ltd and Judith Ann-Helena Smith - Court action

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25 October 2011
Court actions

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.