Rose Rocca - Court action

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Date
19 March 2014
Category
Court actions

A 52-year-old woman has been placed on a six-month good behaviour undertaking after pleading guilty to carrying on an unlicensed conveyancing business.

The County Court of Victoria upheld an appeal by Rose Rocca – proprietor of CSM Conveyancing and Property Solutions – against a previous decision by Ringwood Magistrates’ Court.

The County Court set aside this previous court ruling, made in May 2013, which saw Ms Rocca convicted and fined $4000 for breaching the Conveyancers Act 2006 by operating a conveyancing business without a licence.

In its decision on 7 March 2014, the County Court found Ms Rocca guilty without recording a conviction.

The Business Licensing Authority refused Ms Rocca’s application for a conveyancers’ licence in late 2009 because she had not performed the required one year of work experience. It warned her to stop operating as a conveyancer if she had not already done so.

However, in late 2010, Ms Rocca agreed to act as the conveyancer for a consumer who was selling her home and buying another property. The consumer paid $3500 to Ms Rocca but later became concerned that there was no documentation confirming her as the registered owner. The consumer ultimately did not suffer financial loss.

The County Court also dismissed a further charge of contravening the Business Names Act 1962. Ms Rocca was ordered to pay $602 court costs.

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