The Chief Executive, Office of Fair Trading, Department of Justice v Lloyd [2025] QCAT 218

Agents Financial Administration Act 2014 (Qld) s 47(2)(c), s 64, s 102, s 119

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

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

• [1] The respondent, Ms Lloyd, was at the relevant time acting as a motor dealer, while not holding a motor dealer licence.
• [2] Individuals have claimed against the Claim Fund ('the fund') established under the Agents Financial Administration Act 2014 (Qld) ('the AFA Act') for financial loss they say they suffered due to the respondent's actions.
• [3] The individuals' claims have been allowed and the Chief Executive, Office of Fair Trading, Department of Justice ('the Chief Executive') seeks an order from the Tribunal directing the respondent, as the person liable to reimburse the fund, be ordered to do so. The Chief Executive states the respondent has been asked to reimburse the fund the amount of $6,046.00, however the respondent has failed to do so.
• [4] The Chief Executive's Application for a reimbursement order includes a copy of the information notices given pursuant to the AFA Act advising the respondent of the Chief Executive's decisions to allow certain claims, a copy of a letter of demand in which the claims are listed, and a statutory declaration made by an authorised officer of the Office of Fair Trading stating the total claim amount and amount the respondent is liable to reimburse as $6,046.00 ('the Application').
• [5] A copy of the Application has been served on the respondent pursuant to section 118 of the AFA Act and Rule 39(1)(b) of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld).
• [6] The respondent has filed no material, though invited to do so, in response to the Application. We note in the first of the Tribunal's directions dated 19 August 2024, the Application is mistakenly referred to as an application for an extension of time, however the Application served made clear the substance of the claim and orders sought, that is, that the respondent reimburse and be ordered to pay back to the fund the sum of $6,046.00 within 21 days of order.
• [7] The respondent has not raised any objection to the mistaken reference in the Tribunal's directions and has otherwise failed to participate in the proceedings.
• [8] By s 119 of the AFA Act:

(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.

(3) For subsection (2)(b), the matters are -

(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 us, we are satisfied that:

(a) On 17 October 2018 and 8 June 2020, the Chief Executive decided that two individuals who had made separate claims on the fund were entitled to payment from the fund of $2,693.00 and $3,353.00 respectively and the Chief Executive determined the respondent liable to reimburse the total of such payments ($6,046.00) to the fund.

(b) Written notice of the Chief Executive's decisions, together with copies of the information notices and decisions, were sent to the respondent on 17 October 2018 and 8 June 2020.

(c) A letter of demand requiring the payment of the allowed claims, for which the respondent was determined liable, was sent to the respondent on 3 January 2024.

(d) The Application was filed in the Tribunal on 25 July 2024.

(e) A copy of the Application was served on the respondent on 16 August 2024.

(f) No application has been made by the respondent to review the Chief Executive's decisions.

(g) The respondent is liable to reimburse the fund the amount of $6,046.00.

(h) No payment has been received by the Chief Executive towards the debt owed by the respondent to the fund.

(i) Accordingly, we are required to make a reimbursement order.

• [10] By s 119(4) of the AFA Act, a reimbursement order must state that the respondent is required to pay to the Chief Executive a stated amount within a stated period. The amount is $6,046.00 and we consider an appropriate period is 21 days from the date of the order.