Ellison v Commissioner for Fair Trading [2021] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ellison v Commissioner for Fair Trading [2021] NSWCATAD 228 Hearing dates: 16 July 2021 Date of orders: 09 August 2021 Decision date: 09 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: LICENSING – real estate agent – class 1 licence -transitional provisions - mandatory requirements – carry on business Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Corporations Act 2001 (Cth) Property and Stock Agents Act 2002 Property and Stock Agents (Qualifications) Order 2019 Property, Stock and Business Agents Act 2002 Cases Cited: McDonald v Director General of Social Security (1984) 1FCR 353 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31 Category: Principal judgment Parties: Rex Ellison (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant: self-represented Respondent: Department of Customer Service File Number(s): 2021/105751 Publication restriction: nil

REASONS FOR DECISION 1. On 11 November 2020, the Applicant, Rex Ellison, lodged an application for a class 1 real estate agent licence under the Property and Stock Agents Act 2002 (the Act). On 3 February 2021, a notice of determination was issued advising him that his application had been refused. The decision was affirmed on internal review, and he now seeks review by this Tribunal.