Originally Posted by kathy w
He is a disgrace to the industry - my son won in court against him on Tuesday
Has your son got his money back yet? He is unlikely to pay so your son may have to pursue it further now through the Local Court as a Civil Matter. The Tribunal can only award in favour of the applicant (in this case your son) but they are powerless to enforce the actual order. If James doesn't pay your son will have to go back to the Local Court and get them to enforce the order. Unfortunately it will have to go through a prehearing and if thats not successful then a hearing yet again. If your son wins the civil case then the Court is able to enforce the order and possibly garnish his salary. He will also have an option to pay back the money in small amounts (yep it sucks but thats the way the law works unfortunately). Your son will have to weigh up whether its worth going down the Civil Court path as this will cost more money!
James is an absolute mongrel of a human being and he will get whats coming to him in time. By the way did your son put a complaint through to the WA Dept of Commerce? If not please get him to send his details and what transpired through to them including the fact he won the case through the Tribunal. They need more people to complain in order to get him shut down.
[EDIT] : Kathy if your son still hasn't got his money back he will have to pursue the matter through the Magistrates Court in Western Australia. He will need register his Judgement with the WA Courts by doing the following:
1. Fill out an 'Affidavit of Continuing Debt' - This will need to be sent to him from the WA Civil Courts (he will need to ring them and get them to send one to him via email)
2. Fill out a form 'Form 6' which again can be sent to him via email; and
3. Fax the forms through to the WA Courts on 08-94304464
On a side note, I spoke to the WA Department of Commerce again yesterday and they have assured me that the investigation against James Bartlett is continuing.