Property manager faces court over alleged referral fee scheme

Mr Michael allegedly promised to provide $30,000 worth of completed work orders within a 12-month period in return for a $2,035 fee from a number of individuals. The watchdog claims it has heard from 12 people who paid the fee and did not receive work, or a refund when requested.

The charges Mr Michael and APMS face include:

• Accepting payment for services and failing to supply within the period specified, within reasonable time, or at all.
• Accepting payment for services, and at the time of the acceptance, being reckless as to whether they would be able to supply the services within the period specified, or within a reasonable time.
• Making a false or misleading representation concerning the existence of a guarantee.
• Making a false or misleading representation that services were of a particular value.
• Misleading the public as to the suitability for their purpose of services on APMS’s website.

APMS describes itself as a multi-disciplined property maintenance and management company that offers consulting, advisory services, service management, resourcing and vendor management.

The director of Consumer Affairs Victoria, Nicole Rich, said this case should remind business owners that in some cases, people providing goods and services also fall under her agency’s purview and that Consumer Affairs will step in where appropriate.

“Small businesses, sole traders and contractors are also considered consumers under the Australian Consumer Law in certain circumstances, and entitled to the same protections,” Ms Rich said.

The matter is listed for a committal mention on 24 October.