Enforcement powers
- The CAV prosecuted real estate agent Anthony Vito Brancatella for misappropriating consumer money held in trust, contrary to provisions of the Estate Agents Act 1980 (Vic).CAV brought a civil suit against door-to-door salesman David Donald after five consumers, who were all elderly people, made complaints to the CAV in 2015 and 2016 over his conduct. They complained that Donald had forced them to pay for carpet cleaning that they did not request.
- CAV will use its enforcement powersto ensure compliance with consumer protection legislation. There must be a public benefit for every enforcement action.
3. CAV helped injured complainants achieve access to justice when Brancatella was sentenced to 40 months jail with a minimum term of 20 months. He was also disqualified from working as a real estate agent for 10 years.CAV paid claims of $500,000 to property owners or purchasers who were the victims of Brancatella’s fraud from the Victorian Property Fund.
CAV obtained an interim injunction that Donald cease trading. Later, CAV obtained a permanent order that Donald cease trading for five years.CAV was also able to obtain court orders imposing fines on Donald for his conduct, and additional orders securing refunds to the complainants and damages to compensate for Donald’s conduct.
