The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Akbari [2026] QCAT 87

Agents Financial Administration Act 2014 (Qld), s 102, s 103, s 112, s 116, s 118, s 119

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 39(1)(b)

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

[1] Ghulam Abass Akbari ('the Respondent') holds a motor dealing principal licence.

[2] On 4 September 2023, the Office of Fair Trading ('the Applicant') made a decision that a client of the Respondent was entitled to a payment of $16,000, from the claim fund ('the Fund') established under the Agents Financial Administration Act 2014 (Qld) ('the Act'), and the Respondent was liable to reimburse the Fund. The decision arose from findings that the Respondent sold a defective car and misrepresented its condition. The payment of $16,000 was made up of $15,000 for the car's purchase price and $1,000 for two safety inspections and towing fees.

[3] The Applicant advised the Respondent of its decision via email and post. The Respondent did not apply to the Tribunal to review that decision.

[4] On 3 January 2024, the Applicant sent a letter to the Respondent demanding payment of $16,000 within one month. On 10 December 2024, the Applicant sent a letter of demand reminder to the Respondent. The Respondent has failed to make any payments.

[5] On 26 March 2025, the Applicant filed in the Tribunal an application for a reimbursement order for $16,000 against the Respondent ('the Application'). On 28 April 2025 the Applicant served a copy of the Application on the Respondent pursuant to section 118 of the Act and rule 39(1)(b) of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld).

[6] Despite being invited to do so, the Respondent has filed no material in response to the Application.

[7] The Tribunal must make an order under section 119 of the Act if certain conditions are satisfied.

(1) QCAT must consider an application for a reimbursement order and any written submissions made by the respondent for the application.

(2) QCAT must make a reimbursement order if satisfied that -

(a) the respondent has not paid the stated amount within the time allowed under the letter of demand; and

(b) if the application relates to the reimbursement of a claim against the fund - the matters stated in subsection (3) apply.

(a) the chief executive has made a decision about a claim against the fund; and

(b) under section 116 the respondent is liable to reimburse the fund in a stated amount; and

(c) either -

(i) the respondent did not apply to QCAT under section 103 to have the decision reviewed; or

(ii) the decision has been reviewed by QCAT, and under QCAT's decision, the respondent is liable to reimburse an amount to the chief executive or the fund; and

(d) written notice of the chief executive's decision, a copy of the decision and an information notice under section 102 was given to the respondent.

(4) If QCAT makes a reimbursement order, the order must state that the respondent is liable to pay to the chief executive a stated amount within a stated period.

[9] Based on the material before it, the Tribunal is satisfied:

(a) the Respondent has not paid the amount stated in the letter of demand within one (1) month of receiving that notice;

(b) the Applicant made a decision on 4 September 2023 that one of the Respondent's customers was entitled to payment of $16,000 from the Fund;

(c) the Respondent is liable to reimburse the fund under section 116 of the Act;

(d) the Applicant did not apply to the Tribunal for a review of the Respondent's decision; and

(e) the Applicant gave the Respondent written notice of its decision, a copy of the decision, and information notices under section 102 of the Act.

All the relevant requirements under section 119 of the Act are met and the Tribunal must make a reimbursement order.

[10] The Tribunal will make a reimbursement order in the terms sought by the Applicant.