Tonya Marshall Adjudicator an ex-Registrar, who views intimidation of tenants by Property Managers and Owners, as being acceptable "Business As Usual", "Normal Practice" and "Common Practice", and as such exhibits a dismal lack of understanding of the Unconscionable Conduct provisions of the Australian Consumer Law (ACL), by failing to understand that the very purpose of the legislation is to deal with predatory matters such as, intimidation in business dealings.
At the QCAT hearing, Adjudicator Marshall had before her the Application and Statement of Claim by the tenants, to which she gave total disregard by:
1. Failing to inquire from the Property Manager (PM), as to why no response had been filed that specifically responded to the allegations and evidence within the Statement of Claim; and
2. Then, as no proper response had been filed, failed to request the PM to respond to the allegations and evidence within the Statement of Claim.
3. Having disregarded 1 & 2, Marshall then invited the PM to spew out her evil and unlawful concoction of fabricated lies that were designed to, and did, take the tenants by total surprise and therefore caught them totally unprepared.
4. Marshall then relied upon the fabrication and lies to dismiss the tenants' Application.
The result appears to be, that the tenants became victims of a prepared trap (the QCAT TRAP), with the assistance of Marshall.
Having been involved in numerous litigation matters in superior courts (real courts of law) over the previous 30 years or so, I have never even come remotely close to witnessing a Judge or a Justice ignoring the Statement of Claim of an Applicant or Plaintiff in such a disgraceful way... it just doesn't happen!!!
And where a proper and relevant defence or response is not filed without good reason, the appropriate remedy is by way of a summary judgement, but instead Marshall dismissed the tenants' Application.
And by the very fact... that when subjected to the spotlight of 14 months of website naming & shaming the PM and her Agency Employer, they eventually compensated the tenants by way of a five figure amount, for the egregious behaviour suffered at the Tonya Marshall hearing, in return for removing the website from publication.
This is evidence in itself, of the disgusting behaviour that was administered to the tenants with the assistance of Marshall, who was all too eager to lap up the lies and fabricated evidence of the PM, all while ignoring the objections of the tenants to the dishonesty, prior to her dismissing their Application.