Issued by Ross Smith, Director of Consumer Affairs and Fair Trading (Tas) - 3 April 2024
In the Australian Consumer Law (Tasmania), the Director is ‘the regulator’, under section 8 of the Australian Consumer Law (Tasmania) Act 2010.
The Director of Consumer Affairs and Fair Trading for Tasmania* is issuing this Public Warning Notice to warn consumers about the alleged conduct of Matthew Todd Cooley, trading under several names, including but not necessarily limited to Summit Fencing Hobart, Landscaping and Fencing, and MT Maintenance and Landscaping. Mr Cooley advertises his services online at https://www.hobart-fencing.com.au/.
The Director, via Consumer Building & Occupational Services, has received numerous complaints about Mr Cooley, spanning a two-year period. The particulars of the complaints are similar. The complaints typically allege the work performed by Mr Cooley is not of an acceptable quality. In addition, some complaints are related to consumers not receiving the services paid for. The work completed by Mr Cooley often needs to be removed and/or corrected by an alternate business, due to consumers’ inability to successfully contact Mr Cooley and have him rectify the issues.
The Australian Consumer Law (Tasmania) prohibits traders from accepting payments for services and failing to ensure they are completed with due care and skill (section 54).
The Director is warning the public about the alleged conduct by Matthew Todd Cooley, by issuing this notice under section 223 of the Australian Consumer Law (Tasmania), because the Director:
- has reasonable grounds to suspect that conduct by Matthew Todd Cooley may constitute a contravention of section 60 and 61 of the Australian Consumer Law (Tasmania), by failing to supply services that are completed with due care and skill, and which are not fit for purpose;
- is satisfied that one or more people has suffered, or is likely to suffer detriment as a result of the conduct, by paying amounts to Matthew Todd Cooley, when goods or services completed are not of acceptable quality; and
- is satisfied that it is in the public interest to issue this Public Warning Notice.
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