Review of Western Australia's domestic violence tenancy law reforms

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Review of Western Australia's domestic violence tenancy law reforms

23 November 2022

Western Australia Consumer Protection has advised they will be conducting community consultation on changes to residential tenancy laws that came into effect in April 2019. The aim of the consultation campaign is to seek feedback as to the effectiveness of the family and domestic violence provisions that currently exist, while assessing the impact they have had on affected tenants and landlords.

The consultation will take place from 25 November to 10 December 2022.

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Former Victorian agent sentenced to community corrections order and 300 hours of unpaid community work

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Former Victorian agent sentenced to community corrections order and 300 hours of unpaid community work

21 November 2022

Consumer Affairs Victoria (CAV) recently reported that a former Victorian estate agent has been convicted of withdrawing more than $100,000 worth of trust account funds, with the intention of abusing the funds for their own personal use (a deposit on a commercial property in the Melbourne CBD).

The outcome follows earlier court proceedings against the agent, which commenced back in February 2021.

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Tasmanian agent has licence suspended, ordered to pay a total of $12,500

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Tasmanian agent has licence suspended, ordered to pay a total of $12,500

16 November 2022

The Property Agents Board of Tasmania (‘The Board’) has published a recent tribunal decision on their website this month. The redacted tribunal outcome details disciplinary action taken against an agent for improper operation as a licensed property agent while engaged to manage the rental properties of four separate clients.

The Board’s complaints against the property agent relate to “conduct not of a reasonable standard of competence and diligence,” and claim that the agent was guilty of ‘professional misconduct’ and ‘unsatisfactory professional conduct’ as defined under section 83 of the Property Agents and Land Transactions Act 2016.

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NSW commercial agents, have your say on changes to the Retail Leases Act

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NSW commercial agents, have your say on changes to the Retail Leases Act

16 November 2022

NSW Fair Trading has advised in a media release this week that the regulator intends to review the NSW Retail Leases Act 1994 (‘the Act’). The changes will impact landlords, investors and tenants of retail/commercial property.

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First steps taken to review South Australia's residential tenancy laws

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First steps taken to review South Australia's residential tenancy laws

15 November 2022

South Australia Consumer and Business Services (CBS) recently announced its intentions to reform the state’s current residential tenancy legislation, the Residential Tenancies Act 1995 (‘the Act’).

As of 15 November 2022, consultation with industry participants, including tenants, landlords, real estate agents and housing organisations has commenced. The consultation has allowed for the release of a discussion paper, marking the start of the most extensive review of the Act since 2014.

Consultation is open until 5 PM, Friday 16 December.

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WA Consumer Protection: Concerning CPD completion numbers

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WA Consumer Protection: Concerning CPD completion numbers

15 November 2022

Western Australia’s Consumer Protection division has reported in a bulletin this week that there is a concerning number of real estate licensees and registration holders yet to meet their 2022 CPD obligations.

WA licence and certificate holders must complete 10 points of CPD training each calendar year to be eligible for renewal. Completion must be achieved by 31 December.

We offer WA Elective CPD (7 points). Mandatory CPD must also be completed to achieve the remaining points (3 points). See enrolment options within.

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Consumer Affairs Victoria: Estate agent’s licence cancelled for trust account failures

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Consumer Affairs Victoria: Estate agent’s licence cancelled for trust account failures

7 November 2022

Consumer Affairs Victoria (CAV) has reported today that a now former Victorian estate agent has been heavily penalised through the revocation of their licence. The disciplinary action comes about as a result of repeated failure to effectively manage the agency's trust accounts and maintain proper trust account records.

CAV had previously reprimanded the agent for breaching their duties under the Estate Agents Act 1980 and its regulations.

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November 2022 Newsletter

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November 2022 Newsletter

4 November 2022

Newsletter snapshot:

  • Site-wide discount code!

  • Industry updates: NSW Fair Trading inspectors targeting strata manager supervision requirements.

  • Reminder: WA CPD due 31 December.

  • Featured blog: Let’s talk about subletting.

  • New courses available: Registration and licensing courses for Tasmania and Northern Territory.

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Attention WA students: CPD due 31 December!

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Attention WA students: CPD due 31 December!

2 November 2022

WA licence and certificate holders must complete 10 points of Compulsory Professional Development (CPD) training each calendar year to be eligible for renewal, even if you hold a triennial licence.

We offer WA Elective CPD (up to 7 points). Mandatory CPD (3 points)must also be completed.

Upon successful completion of your CPD, we will register your course completion with the WA Government’s Consumer Protection sector and issue you with a Certificate of Participation as evidence of course completion.

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Let's talk about subletting

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Let's talk about subletting

31 October 2022

As the cost of living rises and rental markets tighten, more tenants may consider taking on a roommate to relieve some of the financial pressure.

Before entering into a shared tenancy, it is crucial that all parties understand the arrangement they have signed up to. Laws around subletting differ across each state and territory’s residential tenancy legislation. Let’s look at some of the general rules that apply to most Acts and Regulations. Later, we will identify the legislation that regulates subletting across each state and territory.

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NSW Fair Trading inspectors targeting strata manager supervision requirements

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NSW Fair Trading inspectors targeting strata manager supervision requirements

17 October 2022

NSW Fair Trading has today reported — in their Property Matters newsletter — that they are taking compliance actions against strata managing agents that do not meet their obligations.

The inspections are being undertaken as part of the regulator’s Strata Managing Agent compliance program, which involves targeting supervision requirements during inspections of NSW strata companies.

NSW Fair Trading has advised that “of the 44 inspections conducted during a recent one-week operation, 86% (38) were found to be breaching their obligations under property laws”.

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