Settlement Agents Supervisory Board v L J Hooker Settlements Pty Ltd

[2009] WASCA 89

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Settlement agents
3. › Disciplinary proceedings
4. › Reward for referring business
5. › Unit trust structure
6. › Whether issue of units constitutes reward for referring business
7. › Whether payment of profits constitutes reward for referring business
8. › Settlement Agents Act 1981 (WA), s 3, s 44(7), s 44(8)
1. Statutory Interpretation
2. › Definition of 'reward'
3. › Meaning of 'remuneration'
4. › Whether remuneration requires connection to particular service or transaction
5. › Settlement Agents Act 1981 (WA), s 3
1. Appeal
2. › Leave to appeal from State Administrative Tribunal
3. › Criteria for grant of leave
4. › Question of law
5. › Importance of question
6. › Real or significant argument
7. › Substantial injustice

Quick Take

Section 44(8) of the Settlement Agents Act 1981 (WA) prohibits rewards paid or given 'for' or 'in consideration for' the referral of particular business to a settlement agent. A unit trust structure in which real estate agents hold units and receive profit distributions in proportion to their unit holdings does not contravene s 44(8) where the unit allocations and profit distributions are not connected to the referral of any particular business. The word 'remuneration' in the definition of 'reward' in s 3 of the Act requires a connection between the payment and the provision of particular work or services.