Company to pay over $1 million for rental breaches

Source: Australian Capital Territory Policing

Ingenia Gardens will pay over $1 million after failing to provide safe and functional kitchen facilities in rental units for older, financially vulnerable Victorians. 

Consumer Affairs Victoria (CAV) investigated the company after a report from the Housing for the Aged Action Group (HAAG). 

Inspections by CAV’s Renting Taskforce found that many units did not have cooktops and that rental agreements prohibited renters from cooking at home.  

Ingenia Gardens instead offered renters paid meal plans at an additional cost. 

Not having cooktops in a rental property is a breach of Victoria’s rental minimum standards – mandatory requirements to make a property safe, functional and secure. Including unfair terms in a contract is a breach of the Australian Consumer Law.  

Under an enforceable undertaking, Ingenia Gardens has agreed to pay $1 million, will compensate affected renters an estimated $400,000, and will pay $100,000 to HAAG. 

Ingenia Gardens operates over 250 units in Victoria and markets its properties to seniors looking for low maintenance and independent living. 

As part of the undertaking, the company must report to CAV every 6 months to demonstrate it’s improving its properties to meet minimum standards. 

It must also remove unfair contract terms stopping people cooking in their own home. The company may also be audited for compliance at any time. 

CAV Director Nicole Rich said minimum standards were not optional.  

‘They exist to ensure all renters have access to a safe and functional home. Failing to provide basic kitchen facilities and prohibiting renters from cooking in their own homes is unacceptable and unlawful. 

‘We will continue to take strong and decisive action against any rental providers – big or small – who fail to meet their legal obligations,’ Rich said.  

Ingenia Gardens is part of the Ingenia Communities Group (ASX:INA), with over 100 communities and development sites across Australia. 

A copy of the undertaking is available at:

Engineering registration made simpler with RegCheck

Source: Australian Capital Territory Policing

Are you an engineer who needs help working out if you need to be registered with the Business Licensing Authority? Our new online tool, RegCheck, makes it easy to find out.  

RegCheck guides you through a few questions to get a tailored recommendation based on your situation. It’s a step-by-step guide to help you through the registration process. Best of all, it’s quick to use and doesn’t require any personal details.  
 
Registration as a professional engineer is a legal requirement in Victoria for engineers working in the following practice areas: 

  • civil 
  • electrical 
  • fire safety 
  • mechanical 
  • structural. 

This obligation applies to engineers working in Victoria or on projects located in Victoria.   

Use the tool or share it with an engineer.  

Car parts dealer convicted

Source: Australian Capital Territory Policing

The owner of an online business has been convicted, fined and ordered to pay compensation to customers who paid him thousands of dollars for high-end car parts.

Daniel Wilde, 38, sold carburettors, race cylinder heads, oil pumps and other performance products through his business, Torqueline Garage Pty Ltd (ACN: 662 616 275).

The online business falsely implied on social media that products were in stock and ready for delivery, but the items were never supplied to paying customers.

Wilde pleaded guilty at the County Court to a single charge of wrongly accepting payment under the Australian Consumer Law. The charge covered 9 individual cases with goods valued at about $18,000.

He was also fined $9,000, with charges against Torqueline Garage withdrawn.

The court ordered Wilde to provide refunds, noting that 6 of the 9 customers involved as witnesses in the case against him had already been paid around $12,000 in compensation.

There may be other impacted Torqueline customers. If you want to pursue a refund or compensation, seek legal advice about your options.

Find more information about refunds, repairs and returns, or contact us for general information about your consumer rights, including when a product isn’t delivered.

Company to pay $600,000 for underquoting

Source: Australian Capital Territory Policing

The former owner of Ray White Oakleigh has been ordered by the Federal Court to pay $600,000 for misleading property sellers and buyers.

Consumer Affairs Victoria’s Underquoting Taskforce investigated the agency after multiple complaints.

Between February 2022 and November 2023, White Ray Oakleigh Pty Ltd (trading as Ray White Oakleigh) advertised 9 properties in Rowville, Mulgrave, Bentleigh East and Blackburn South at well below market value.

Its contracts with vendors often included a standard commission for when the property sold up to the vendor’s reserve, but much more for any amount above – up to 25%. After vendors signed, agents convinced them to re-set a lower reserve –- inflating their commissions when the property sold for more.

Ray White Oakleigh deliberately advertised the properties not only well below the ultimate selling prices, but at prices it didn’t believe the properties would sell for.

Consumer Affairs Victoria and Ray White Oakleigh presented text messages to the court between agents, showing they believed properties would sell for considerably higher prices.

Justice John Snaden noted the likely harm caused to the vendors and to prospective buyers wasting time and resources. He found Ray White Oakleigh had engaged in misleading and deceptive conduct and made false and misleading representations.

The company has not operated Ray White Oakleigh since 2025. It admitted the conduct and cooperated with Consumer Affairs Victoria in the court proceedings.

Consumer Affairs Victoria Director Nicole Rich welcomed the penalty.

“Selling someone’s home is a great responsibility. Agents who manipulate the process for their own gain are undermining the integrity of the industry, and can expect to face serious legal consequences,” she said.

“It’s particularly concerning that in this case, Ray White Oakleigh appeared to be aware that they were deceiving both their clients and potential buyers.

“This judgment confirms that the courts take underquoting conduct very seriously and will impose high penalties for breaches.

“Our underquoting taskforce will continue to pursue estate agencies and agents who try to manipulate property prices.”

If you come across practices in the property market you think are suspicious, including underquoting, report them to Consumer Affairs Victoria.

Essendon agent convicted for mishandling client money

Source: Australian Capital Territory Policing

A former real estate agent has been convicted and sentenced to an 18-month community corrections order after illegally transferring rental payments.

Daniela Vella took $164,000 of client funds and deposited it in a third-party account, through 56 transactions of between $400 and $5000, between June and October 2020.

In the same year, she also illegally moved nearly $230,000 between trust and business accounts at the now defunct Harrison Parker Real Estate.

Vella pleaded guilty in the Melbourne Magistrates’ Court to two offences under the Estate Agents Act. The court noted she would have faced a jail sentence had she not entered an early guilty plea.

Vella was ordered to repay $164,000 to the Victorian Property Fund. She must also complete 300 hours of community service under her 18-month community corrections order.

Consumer Affairs Victoria began investigating Vella and her agency following complaints by rental providers and claims made through the Victorian Property Fund. The fund provides compensation to consumers who have suffered financial loss due to an estate agent’s mishandling of their money.

The accounts were frozen by the then Minister for Consumer Affairs when the investigation began, so no further money could be removed.

Vella obtained her estate agent’s licence in 2012 and was sole director of Harrison Parker Real Estate Pty Ltd in Greenvale from 2013. The company and Vella’s estate agent licences were cancelled in September 2020 and September 2021, respectively. The agency was deregistered as a company in May 2023.

Consumer Affairs Director Nicole Rich said the sentence was a reminder to agents about their responsibility managing trust account funds.

‘Handling trust account money is a serious obligation, and consumers should never have to worry that their funds could be misused for personal gain,’ she said.

‘We will continue to investigate and take action against agents who mishandle their clients’ money and damage the industry’s reputation’.

Importer charged after toys seized

Source: Australian Capital Territory Policing

An importing business and its director are facing legal action after allegedly possessing unsafe toys posing a serious risk to children.

YJC Imports Pty Ltd (ACN 650 805 057) and sole director Yu-Jie Chang, 36, each face 8 criminal charges.

Following a tip-off, Consumer Affairs Victoria inspectors seized 38 children’s toy items from the company’s Moorabbin warehouse. The toys contain button batteries, which can cause severe injury or death to children if swallowed.

Consumer Affairs Victoria alleges Chang and her company failed to have products tested to ensure they complied with the relevant product safety and information standards. Required testing includes checking button batteries are adequately secured, and products are labelled with safety warnings about the associated risks.

Consumer Affairs Victoria Director Nicole Rich said the case served as a warning to businesses of their responsibilities under the law.

‘You’re responsible for understanding safety laws that apply to the products on your shelves. Ignorance is not an excuse.

‘If your business stocks banned or non-compliant products, you’re breaking the law and can expect to face the consequences,’ she said.

‘The Australian Consumer Law is there to protect consumers. We will continue to target businesses that put Victorians, especially kids, at risk with items that fail to meet safety standards.’

The matter will be heard at Melbourne Magistrates’ Court on 16 June 2026.

Estate agent Mark Reuben sentenced for unlicensed trading

Source: Australian Capital Territory Policing

Estate agent Mark Reuben has been fined after pleading guilty to trading without a licence and mishandling more than $300,000 of client funds.

Magistrate Michelle Hodgson noted that Reuben’s actions had eroded public confidence in the industry and its consumer protections.

She said an adequate sentence was necessary to ensure legal protections were prioritised, upheld and respected.

Reuben, of Greendale, is known for selling high-end CBD apartments through his agency, Mark Reuben Property.

Reuben told the court he was unaware that he had to renew his licence annually, and had done so after Consumer Affairs Victoria informed him it had been cancelled.

While unlicensed, Reuben acted as the estate agent in 8 exclusive sales authorities, accepting 12 deposits on behalf of the parties.

Reuben also pleaded guilty to failing to arrange annual audits – which show trust funds are being managed appropriately – for 2 years.

Over a 6-month period, he ran his agency out of a single operating account, including operational and trust fund money. Trust funds must be kept in a separate account.

Reuben was fined $3,000 without conviction, while his company was convicted and fined $6,000.

Consumer Affairs Victoria Director Nicole Rich said the outcome sent a clear message to industry and estate agents.

‘We’ll continue to protect consumers from unlicensed operators, and agents who fail their key responsibility to manage trust funds appropriately.’

For more information about managing trust accounts.

Rooming house operator charged with unlicensed trading

Source: Australian Capital Territory Policing

Consumer Affairs Victoria is taking a Newtown man to court for allegedly operating 2 rooming houses without a licence. 

46-year-old Yang Yu, also known as Steven Yu, allegedly accepted rent and bond money from residents in Belmont and Waurn Ponds, indicating he was a licensed rooming house operator. 

It is also alleged the bond money was not lodged with the Residential Tenancies Bond Authority. 

Geelong City Council referred the matter to Consumer Affairs Victoria.  

Local councils are responsible for registering rooming houses and ensuring compliance with planning, building and health and safety standards.  

Consumer Affairs Victoria enforces renting and rooming house rules, including licence obligations and minimum standards. 

The matter will be heard at Melbourne Magistrates’ Court on 4 June 2026. 

Estate agent’s representative exits industry for 6 months

Source: Australian Capital Territory Policing

An estate agent’s representative who allegedly pressured home owners into signing contracts has agreed not to work in the industry for 6 months. 

Consumer Affairs Victoria (CAV) alleged Akashdeep Singh Purba door-knocked homes and offered sales contracts he presented as non-binding. Home owners who signed faced hefty costs if they later attempted to withdraw. 

CAV also alleged some contracts included clauses preventing home owners from listing their properties for sale with anyone else. 

Purba, 33, of Craigieburn, worked for VSS Estate Agents Pty Ltd (trading as The ELEET) between February and April 2023.  

Purba disputes the allegations and has made no admissions of wrongdoing. No findings of guilt or wrongdoing have been made against him. 

Under the agreed outcome, Purba will also complete education courses and pay $1000 to charities that support vulnerable Victorians. 

The matter will return to VCAT for an administrative mention in April 2027. 

Unlicensed motor car traders taking advantage of Victorians online

Source: Australian Capital Territory Policing

Research shows that unlicensed motor car traders are taking advantage of Victorians buying used cars online.

Consumer Affairs Victoria’s Unlicensed Motor Car Trading in Victoria report highlights concerning advertising and sales of cars on online marketplaces.

The research found unlicensed traders are buying large volumes of used vehicles through auction houses, then reselling them on social media at inflated prices – often posing as private sellers.

Buying privately can appear cheaper than purchasing from a licensed dealer but can come at a cost, including:

  • no statutory warranty
  • no cooling off period
  • no vehicle history guarantee.

Almost one third of the vehicles sampled in our investigation had odometer readings advertised at least 25,000 km less than when the car was sold at auction.

The Victorian Government is proposing new reforms to strengthen consumer protections against unlicensed trading and modernise the regulatory framework for motor car trading across the state.

Consumer Affairs Victoria will also deliver an education campaign and conduct targeted compliance action as part of a statewide crackdown on unlicensed motor car trading.

Learn more about buying a used car.