Chief Executive, Office of Fair Trading, Department of Justice v PTP Realty Pty Ltd & Anor [2026] QCAT 174

Agents Financial Administration Act 2014 (Qld), s 100, s 116, s 117, s 118, s 119

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 33, s 157

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

[1] This application is brought within the Tribunal's original jurisdiction, and pursuant to the provisions of the Agents Financial Administration Act 2014 (Qld) (the "AFAA"). The AFAA provides that the Chief Executive of the Office of Fair Trading (the "Applicant") may apply to this Tribunal for an order that the Respondents reimburse the Fund (the "Claim Fund"), established under the AFAA, if:

(a) the Applicant allowed, wholly or partly, a claim against the Claim Fund under s 100 of AFAA; and

(b) the First Respondent and Second Respondent is liable to reimburse the Fund under s 116 but has not done so as required by a letter of demand given to the First Respondent and Second Respondent.

[2] Filed with this application was a bundle of documents (the "Bundle") relevant to this matter.

[3] On 28 November 2024, the Applicant decided a claim against the Claim Fund lodged by Casey Maree Edwards and James Gordon Edwards (the "Claimants") against the First and Second Respondent (the "Decision"). The Decision:

(a) ordered that $35,948.20 be paid to the Claimants at the expiration of the review period; and

(b) named the First and Second Respondent as the parties liable for the Claimants' financial loss and as liable to reimburse the Fund in the amount of $35,948.20.

[4] The Tribunal has been told that on 28 November 2024, the Applicant sent written notice of the Decision (and an accompanying Information Notice required to be sent under s 102 of AFAA) by prepaid ordinary post to the First Respondent as a letter addressed to their registered address, which was the address of the First Respondent's accountant and business advisor.

[5] The Tribunal has been further told that on the same day (28 November 2024), the Applicant sent written notice of the Decision and Information Notice by prepaid ordinary post to the Second Respondent as a letter addressed to his last known address.

[6] Section 112 of AFAA provides that payment of claims must not be made until the end of the period allowed for review of the Chief Executive's decision and, if a review is applied for, until the review of any appeal is finally decided.

[7] Section 33 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) provides that for a review of a reviewable decision, an application must be made by filing it in the Tribunal registry within 28 days after the relevant day. For the Decision, relevant day means the day the Respondent was notified of the Decision.

[8] On 8 January 2025, the Tribunal advised the Applicant that no review had been lodged in relation to the Decision. This remains the case.

[9] On 14 January 2025, pursuant to s 112 of AFAA, the Applicant paid a total of $35,948.20 from the Claim Fund in accordance with the Decision.

[10] The Decision now binds the First and Second Respondents, and they may not subsequently challenge its correctness or the amount payable.

[11] Pursuant to section 116 of AFAA, the Applicant is authorised to recover the amount paid from the First and Second Respondent as a debt due and owing.

[12] On 22 January 2025, the Applicant sent a demand to the First Respondent for the amount owing in the form of a letter by prepaid ordinary post to the First Respondent's address, requiring the First Respondent to reimburse the Fund in the amount of $35,948.20.

[13] On the same date, the Applicant sent a demand to the Second Respondent for the amount owing in the form of a letter by prepaid ordinary post to the Second Respondent's address, requiring the Second Respondent to reimburse the Fund in the amount of $35,948.20.

[14] The demands specified that the debt was required to be paid within one month after the date of the demand letter, being 22 February 2025.

[15] On 20 February 2025, the Second Respondent proposed a payment plan for the Applicant's consideration comprising of three separate payments, clearing the debt within three months. The Tribunal is told that the Applicant agreed to this payment plan.

[16] On 26 February 2025, the Applicant contacted the Second Respondent as the payment had not been paid (and had therefore fallen overdue).

[17] On the same date, the Second Respondent replied stating he forgot about the payment and advised he would be able to make payment of the full amount on 28 February 2025.

[18] On 3 March 2025, the Applicant was informed that no payment had been received from the First or Second Respondent.

[19] On 5 March 2025, the Applicant again followed up with the Second Respondent regarding the missed payment and requested payment by 19 March 2025, to which the Second Respondent advised he will be able to pay the full amount on the same date.

[20] To date, the Applicant has received no payments from the First and Second Respondent, and the amount of $35,948.20 remains outstanding.

[21] Filed with this application is a statutory declaration in accordance with s 117 of the AFAA.

[22] The Tribunal will make an order requiring the Respondents to pay the outstanding amount. The liability will be expressed to be joint and several liability.

1. Pursuant to ss 117 and 119 of the Agents Financial Administration Act 2014 (Qld), PTP Realty Pty Ltd and Paul Robert Reimer are jointly and severally liable, and are ordered to pay the Claim Fund, established under s 78 of the Agents Financial Administration Act 2014 (Qld), the sum of $35,948.20 within 21 days of the date of this order.