The operator of an unlicensed Fullarton-based fencing business has been ordered to serve 300 hours community service in the Elizabeth Magistrates Court, after the business accepted thousands of dollars in deposits for work that was never started.

In action taken by Consumer and Business Services, Adelaide Fence Corp and its current director, 33 year old Christopher Richard John O’Toole, admitted to breaches of the state’s building work contractor laws and the Australian Consumer Law.

The Elizabeth Magistrates Court was told that over an eight month period in 2021, Adelaide Fence Corp received deposits totalling more than $21,000 from five consumers for work that was never even started.

At the time, both the business and O’Toole didn’t hold a licence to carry out fencing work.

The court heard that money in the Adelaide Fence Corp bank account – including that of the five consumers – was used for a range of personal expenses including paying private school fees, gambling and other recreational activities, with nearly $7,000 from the corporate account spent at an adult entertainment venue.

While these transactions were occurring, consumers were either waiting for work that would never start, or refunds that would never arrive.

O’Toole – the business’ current sole director – told the court that he had significant personal debts, totalling more than $145,000 and was mostly reliant on Centrelink benefits.

He was ordered to serve 300 hours community service and pay compensation to consumers totalling approximately $7,500.

“This is a timely reminder of the importance of checking to see whether a business is licensed to do the work they’re being hired for," Acting Commissioner for Consumer Affairs Fraser Stroud said.

“The public register is available on the CBS website to help consumers do their homework to ensure that a business or a tradie holds an appropriate licence.”

Consumers with concerns can contact CBS on 131 882.