Riley v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 95

CITATION: Riley v Commissioner for Fair Trading, New South Wales Office of Fair Trading [2008] NSWADT 95

DIVISION: General Division

APPLICANT Colleen Riley PARTIES: RESPONDENT Commissioner for Fair Trading, New South Wales Office of Fair Trading

FILE NUMBER: 073374

HEARING DATES: 12 March 2008

SUBMISSIONS CLOSED: 13 March 2008

DATE OF DECISION: 25 March 2008

BEFORE: Handley R - Judicial Member

CATCHWORDS: Conveyancer - grant of licence

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Conveyancers Licensing Act 2003 Property, Stock and Business Agents Act 2002

Australian Broadcasting Commission v Bond (1990) 170 CLR 231 Fitton v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 72 CASES CITED: Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994) Trlin v Commissioner of Fair Trading [2003] NSWADT 222

M Parasyn, solicitor REPRESENTATION: P Griffin, solicitor

ORDERS: The decision under review is set aside and in substitution therefor the Applicant, Ms Riley is to be granted a conveyancer's licence subject to the following condition: "The Licensee must not carry out conveyancing work otherwise than as an employee of a licensee who holds an unrestricted licence or a solicitor who holds an unrestricted practising certificate until 30 June 2010. This condition will only be removed after that date if the Licensee can provide evidence that satisfies the Commissioner for Fair Trading that she has gained sufficient knowledge and experience regarding a licensee's responsibilities in conducting a business in accordance with the requirements of the Conveyancers Licensing Act 2003."