FORMER travel agency owner Josh Zuker has criticised a gap in Victoria’s civil justice system, a flaw he claims has left him personally exposed to repeated enforcement orders relating to a refund dispute that was resolved several years ago.
Speaking with travelBulletin about his ordeal, Zuker (pictured) – the owner and operator of Josh Zuker Travel before it ceased trading shortly after the pandemic – said a failure in the Victorian Civil and Administrative Tribunal’s (VCAT) dispute framework has caused him “stress, fear and exhaustion”.
Zuker is currently the subject of an enforcement order demanding payment of $2,600 to two clients who booked a holiday to Fiji through his Melbourne-based agency in 2019, a trip that was ultimately scuttled by COVID border closures in 2020.
The former small business owner said the clients received a $3,136.06 refund out of their total $4,260 outlay, with the remaining $1,124.04 balance the result of non-recoverable cancellation fees – $300 charged by his agency and $824.04 by third-party suppliers.
Despite refunds being finalised in 2020 by Josh Zuker Travel, the applicants later initiated proceedings against him personally through VCAT in February 2022 and again in Mar 2023.
“If I were to pay the [$2,600] personally, the applicants would receive a total benefit exceeding the value of their original booking by [around] $1,475,” Zuker said.
“Any such payment would be improper, as no personal contractual relationship ever existed between the applicants and myself,” he added.
Zuker said his angst has been exacerbated by the fact there is currently no accessible mechanism for an individual or former small business owner to correct the record.
“I’m stuck in limbo, I’m not accused of a crime, I’m not hiding assets, I’m not refusing to cooperate, but I also shouldn’t have to pay a debt I don’t owe just to make the problem go away,” Zuker contended.
When speaking about the toll that the ongoing issue has taken on him both personally and professionally, Zuker said it had impacted him immensely.
“This has caused emotional, mental and financial strain.
“From a reputation point of view, it’s definitely somewhat damaging because it’s calling out something that’s not true.”
While his own case continues, Zuker believes there are likely many more advisors in Australia like him still trying to find closure from refund disputes stemming from the pandemic.
“I don’t know how many people would talk about it but at the end of day I don’t doubt [there are other cases out there].”
“In some ways I am sick and tired of talking about it but I want to voice my opinion because my voice is strong…because I still don’t understand how VCAT can just turn around and say ‘that’s just how it is’.
“The facts don’t add up and I have just felt like I have been talking to brick walls”.
When asked about whether there may be some confusion in the minds of consumers about who should be pursued in these kinds of disputes – the business or the personal owner – Zuker said there were definitely people out there “that have got no idea”.
“Yes, my company used my same name but there’s many agents out there operating a same-name businesses and I totally think there is some level of confusion.
“But it’s our government that needs to take on some accountability to understand that, working from home is the way forward and and so having a business under your own name is also the way forward.”
In terms of offering advice for other agents and small businesses looking to avoid his current situation, Zuker’s message was clear, “cover yourself in every possible way”.
“Don’t delete anything…at the end of the day your paper trail is your bread and butter and winning ticket”.
Zuker recently picked up legal representation to pursue the matter further.
