An overseas assault conviction has put leading Brisbane agent Tony O’Doherty’s career on hold, with the real estate figure fighting to have his licence reinstated, claiming competitors eye his market share.
Prominent Brisbane agent and former McGrath Estate Agents Bulimba principal Tony O’Doherty has appeared in court to get his licence reinstated following his conviction in Ireland over an assault case.
Last year, O’Doherty pleaded guilty and received a two-year fully suspended sentence for a 2013 assault which left the second party with a fractured skull and bleeding to the brain.
O’Doherty said the assault was an act of retaliation after he was hit in a nightclub, with the altercation unfolding outside after both parties had been drinking heavily.
“We ended up in an altercation and the other party got hurt. And for that, I’m very sorry,” O’Doherty told REB.
“I’m not condoning what happened. I do regret it. I’ve always regretted it. I’ve matured a lot. I’ve changed a lot. I know what I would do differently in that scenario. I did a lot of developing mentally, emotionally between my early 20s and early 30s.”
Following the overseas sentencing, Queensland Office of Fair Trading cancelled O’Doherty’s licence for five years, ultimately taking away his livelihood.
Legislation and competitors
On Wednesday, O’Doherty attended Brisbane Supreme Court in a bid to have his licence ban overturned.
Justice Soraya Ryan heard arguments from O’Doherty’s lawyer, Rob Anderson KC, around the interpretation of the law, and whether a foreign offence should be included under Queensland law.
Under the Queensland Property Occupations Act 2014, a person can be considered unsuitable to hold a licence if they have been convicted of a serious offence within the previous five years, regardless of when the underlying conduct occurred.
In O’Doherty’s case, while the incident took place 13 years ago, the conviction was only recorded in December 2025, falling within the law’s five-year provision.
According to O’Doherty, while the Office of Fair Trading was cooperative, the watchdog ultimately had no discretion under the legislation.
He said that the appeal was focused solely on the interpretation of the legislation and whether the ruling was legally fair, rather than his character or suitability to remain in the industry.
“I understand why these things need to occur, but I would feel a lot more comfortable if the appeal was about me and my character.”
He said the state watchdog had received pressure from competitors seeking to recoup market share, adding that operating at the highest level for more than a decade had put a target on his back.
“The bitterest pill to swallow is the fact that there are so many real estate agents walking around with licences that really don’t add value, to say it diplomatically.”
“There’s a strong percentage of our industry that the community would be better off if they were in a different industry, yet they remain unregulated and continue to trade and slip below the radar.
“And then you’ve got people like us that do the best thing for our clients that are sitting on the sidelines.”
Team and community support
While no decision on O’Doherty’s real estate licensing has been made, Justice Soraya Ryan noted the urgency of the case, with more than a dozen McGrath Bulimba staff awaiting the outcome.
The team is now being looked after by O’Doherty’s business partners and continuing their everyday activities and providing high-quality services to their clients.
“It’s very humbling to watch my team continue to perform, continue to service the community and to continue to sell the property. So I’m very proud of my team. I’m very grateful for everything that they’re doing.”
While awaiting the court’s decision, O’Doherty said he was deeply grateful for the support he had received, particularly given the time that had passed since the incident.
“People can put themselves in my shoes and realise that a lot of people make mistakes in their 20s. I’m incredibly grateful and honoured by the support I’ve had from the community. It’s been incredible.”
He said the Office of Fair Trading had done what it was required to do under the law and that he had faith the judge would make the right legal decision, but admitted the uncertainty surrounding his business was “a bitter pill to swallow”.
Contacted by REB, the Queensland Office of Fair Trading said it could not comment on court matters.
