In the recent decision of Quach v GLC Partners Pty Ltd [2025] QCAT 265, a claim made by QCAT as a minor civil dispute against a Real Estate agency was dismissed because the jurisdiction to have claims between a consumer and a trader does not extend to claims against  professionals. 

Background

QCT provides a convenient and generally economical forum through which consumers can advance claims in respect of goods and services.  These are “Minor Civil Disputes” which include residential tenancy claims, minor debt claims, dividing fence disputes, and consumer/trader disputes.  In the consumer/trader disputes a variety of orders can be made, including for the refund of money or relief against the obligation to pay a bill. 

In the subject proceedings, a claim is made against a real estate agency for certain matters.  The Member considered whether QCAT had jurisdiction, noting that in Schedule 3 of the QCAT Act, a consumer is an individual for whom services are supplied for a fee other than in a trade or business carried on by the individual, and a trader is a person who in trade or commerce carries on the business of supplying services other than when acting in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce. 

The question in this particular matter was whether a real estate agent was “acting in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce”.  In the decision, the Member quoted from previous QCAT authority which adopted the meaning of “Profession” as one which “would embrace intellectual activity, or manual activity controlled by the intellectual skill of the operator, whereby services are offered to the public, usually though not inevitably for reward and requiring professional standards of competence, training and ethics, typically reinforced by some form of official accreditation accompanied by evidence of qualification”. 

In the decision, the Member observed that the activities of the Real Estate agency were – in this instance – acting in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce – ie it was a profession and accordingly – the Real Estate agency was not a “Trader” for the purposes of the QCAT Act. 

Similarly, Lawyers, Doctors, Dentists and Valuers are generally not considered Traders for the purpose of a consumer and trader dispute, meaning that claims against them cannot be brought within QCAT if they relate to the services that they have provided.

For advice in respect of consumer law matters, please contact Peter Muller at peterm@qbmlaw.com.au