Clynton Mark Roberts - Court action

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22 October 2015
Court actions

An estate agent has been reprimanded and had his licence suspended for six months for failing to ensure that trust account audit reports were prepared and lodged with Consumer Affairs Victoria.

The Victorian Civil and Administrative Tribunal found that Clynton Mark Roberts, as the director and officer in effective control of the formerly licensed agent Harlgate Pty Ltd, failed to lodge trust account audit reports for eight of 10 financial years between 2005 and 2014.

In an agreed statement of facts Mr Roberts acknowledged that he had breached the:

  • Estate Agents Act 1980 by failing (as both officer in effective control and director of Harlgate) to have the business’ trust accounts audited and copies of the trust account report lodged.
  • Estate Agents (Professional Conduct) Regulations 2008 by failing to exercise due skill, care and diligence in performing his functions as an estate agent, and engaging in unprofessional conduct.

The tribunal suspended Mr Roberts’ licence for six months from 12 November 2015, reprimanded him and ordered that he undertake training units in how to establish and maintain an agency, and identifying ethical and legal requirements.

Harlgate held a corporate estate agent’s licence until it was cancelled in November 2014.