A Perth landscaper who pocketed thousands of dollars in deposits before claiming insolvency and facing bankruptcy has been fined $2000 in the Joondalup Magistrates Court.
According to Consumer Protection, between April and May 2023, the offender collected more than $14,000 in 50 per cent deposits from three homeowners in Greenwood and Bedford to carry out landscaping, reticulation and turf installation work. However, the work was never completed.
The offender, who cannot be identified, pleaded guilty and was fined $2000, receiving a spent conviction for breaching the Australian Consumer Law. He was also ordered to pay $924 in costs associated with the case.
Magistrate Evan Shackleton noted during sentencing that while the deposits were eventually refunded, this only occurred after civil proceedings were launched in 2024.
Commissioner for Consumer Protection Trish Blake said consumers should be able to rely on traders to deliver what they promised once money had changed hands, and failing to do so was a serious breach of trust.
“This behaviour causes significant stress and inconvenience for consumers, even when refunds are eventually made. Traders have a responsibility to accept only the work they can complete,” Ms Blake said.
“We will continue to take action against operators who take payments without delivering, and we encourage consumers to report any similar conduct so we can take appropriate action.”
In the 2024-25 financial year, Consumer Protection handled more than 12,000 conciliation cases and successfully recovered $7 million for nearly 3000 West Australians who were left out of pocket by traders. The most common industries in which disputes occurred were retail, building and services, followed by motor vehicle complaints and tenancy complaints.
As an added safeguard against payment disputes, Ms Blake said consumers should limit up-front payments or arrange progress payments for larger jobs, and consider using a credit card.
“A credit card can provide valuable safeguards, including the ability to seek a chargeback through your bank if the work isn’t delivered,” she said.
