Australian Consumer Law — Know Your Rights. Enforce Them.
Understand your rights under Australian Consumer Law (ACL). Get help with defective goods, misleading conduct, refunds & unfair contracts. Fixed-fee legal services. Start today.
How We Help with Consumer Disputes
From defective products to misleading advertising, we enforce your rights under the Australian Consumer Law.
Defective Goods
Rights regarding faulty products — cars, appliances, electronics, furniture. If it doesn't work as expected, you have rights.
Misleading Conduct
False advertising, bait pricing, hidden fees, and deceptive business practices that cost you money.
Service Failures
When tradespeople, contractors, or service providers don't deliver with due care and skill.
Unfair Contracts
Challenging unfair terms in standard form contracts — gym memberships, telco plans, subscriptions.
Your Rights Under the ACL
The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) gives every consumer a set of automatic rights called consumer guarantees. These rights apply nationally and cannot be excluded, restricted, or modified by any contract, warranty card, or store policy.
It does not matter what the manufacturer's warranty says. It does not matter if the "warranty period" has expired. If a product fails to meet a consumer guarantee, you have rights — and the business must provide a remedy.
Consumer guarantees apply to goods and services purchased for personal, domestic, or household use, as well as to vehicles and goods costing up to $100,000 (or over $100,000 if normally used for personal purposes). They also apply to services costing up to $100,000 or services for personal, domestic, or household use regardless of price.
Acceptable Quality
Products must be safe, durable, free from defects, acceptable in appearance and finish, and do everything a reasonable consumer would expect.
Fit for Purpose
If you tell the seller what you need the product for and they recommend it, the product must be reasonably fit for that stated purpose.
Match Description
Products must match any description provided by the seller — on packaging, online listings, in-store signage, or verbal representations.
Repairs & Spare Parts
Manufacturers must make spare parts and repair facilities reasonably available for a reasonable period after purchase.
How to Get a Refund Under the ACL
Your remedy depends on whether the failure is major or minor. Here is what you need to know.
Major Failure
When a product has a major failure, you choose the remedy. The business cannot force you to accept a repair. You are entitled to:
- A full refund — return the product and get your money back
- A replacement of the same type and comparable value
- Compensation for the drop in value below the purchase price
Minor Failure
When the failure is minor (can be fixed within a reasonable time), the business chooses the remedy. They may offer:
- A free repair within a reasonable time
- A replacement if they cannot repair it
- A refund if the repair takes too long or fails
However, if the business fails to fix a minor failure within a reasonable time, or the same problem keeps recurring, it can escalate to a major failure — and you get to choose the remedy.
Product Liability Claims
If a defective product causes personal injury or property damage, you may have a product liability claim under Part 3-5 of the ACL. These claims are separate from consumer guarantee remedies and can result in substantial compensation.
A product has a safety defect if it is not as safe as people generally are entitled to expect. This is assessed by considering the product's marketing, instructions and warnings, what might reasonably be expected to be done with the product, and the time the product was supplied.
Unlike standard consumer claims, product liability claims can be made even if you did not purchase the product directly. If someone gives you a product as a gift and it injures you, you can still claim against the manufacturer, importer, or supplier.
Who Is Liable?
The Manufacturer
The company that made or assembled the product. They carry primary liability for safety defects, even if the product was sold through a retailer.
The Importer
If the manufacturer is overseas and the product was imported into Australia, the importer is treated as the manufacturer for liability purposes. This is critical for products made in China, the US, or Europe.
The Retailer
The business that sold you the product. Retailers are liable under consumer guarantees and can also be liable for product liability if the manufacturer or importer cannot be identified.
Misleading & Deceptive Conduct
Section 18 of the ACL prohibits conduct in trade or commerce that is misleading or deceptive, or is likely to mislead or deceive. It is one of the most powerful consumer protection provisions in Australian law.
False Advertising
Making claims about a product's performance, features, or origin that are not true. This includes inflated performance claims, fake "Australian Made" labels, and photoshopped product images that misrepresent quality.
Bait Advertising
Advertising goods or services at a price the business does not intend to offer for a reasonable period or in reasonable quantities. If you see a "sale" price but the item is mysteriously always "out of stock," that may be bait advertising.
Fine Print Traps
Using bold headlines and attractive offers while burying exclusions, fees, or conditions in the fine print. If the overall impression is misleading, the fine print will not save the business.
Fake Reviews & Testimonials
Publishing fabricated reviews, paying for positive reviews without disclosure, or selectively removing negative reviews to create a misleading impression of product quality.
Hidden Fees & Surcharges
Advertising a price that does not include unavoidable fees or charges. Component pricing (drip pricing) is a common tactic — showing a low base price and adding mandatory fees during checkout.
Misleading Silence
Sometimes, what a business does not say is just as misleading as what it does say. Failing to disclose known defects, risks, or material facts can constitute misleading conduct.
You do not need to prove intent. Section 18 does not require you to show that the business intended to mislead you. The test is objective — would the conduct, in all the circumstances, be likely to mislead or deceive a reasonable consumer? If you have suffered financial loss because of misleading conduct, you can claim compensation including the price paid, consequential losses, and in some cases, damages for disappointment and distress.
How to Lodge a Complaint
Follow this process to enforce your rights. We can help you at any stage.
Contact the Business
Write to the business directly. State the problem, cite your ACL rights, and request a specific remedy (refund, replacement, or repair). Keep a copy of all correspondence. Give them a reasonable deadline to respond — typically 7 to 14 days.
Fair Trading / ACCC
If the business refuses or ignores your complaint, escalate to your state or territory Fair Trading office or the ACCC. They can mediate the dispute, investigate the business, and in some cases take enforcement action. Lodging a complaint is free.
Tribunal (QCAT / VCAT / NCAT)
For disputes under the monetary threshold (typically $25,000), apply to your local tribunal. Tribunals are designed for self-represented consumers — formal legal representation is often not required. Filing fees are low and the process is relatively straightforward.
Legal Action
For larger claims, complex matters, or when the business continues to refuse a valid claim, court action may be necessary. We can draft a formal letter of demand, prepare tribunal documents, or represent you in court proceedings.
Common Questions About Australian Consumer Law
Can I get a refund for 'change of mind'?
Generally no. Australian Consumer Law does not require businesses to offer refunds simply because you changed your mind. However, many retailers have their own change-of-mind policies as a goodwill gesture. If the item is faulty, not as described, or doesn't do what the business said it would, you have rights to a remedy regardless of store policy. Always check the store's returns policy before buying, but know that your ACL rights override any policy that tries to restrict your rights for genuine faults.
What is a 'major failure'?
A major failure is a serious problem with a product or service. For goods, it means: the product would not have been purchased by a reasonable consumer if they knew about the defect; the product is significantly different from its description, sample, or demonstration model; the product is substantially unfit for its normal purpose and cannot easily be fixed; or the product is unsafe. For services, a major failure means: the service would not have been acquired by a reasonable consumer if they knew about the problem; or the service is substantially unfit for its common purpose and cannot easily be rectified. When there is a major failure, you get to choose between a refund, replacement, or repair — the business cannot force you to accept only a repair.
How do I make a complaint about a business?
Start by contacting the business directly — in writing is best. Clearly state the problem, what ACL right has been breached, and the remedy you want. If the business refuses or ignores your complaint, escalate to your state or territory Fair Trading office (e.g., NSW Fair Trading, Consumer Affairs Victoria, Office of Fair Trading QLD) or the ACCC. You can then take the matter to a tribunal such as QCAT, VCAT, or NCAT for disputes under the monetary threshold. For larger claims or complex matters, you may need to pursue legal action through the courts. We can help at any stage — from drafting a letter of demand to representing you in tribunal.
Does the ACL apply to second-hand goods?
Yes, the ACL applies to second-hand goods purchased from a business. However, consumer guarantees take into account the age, price, and condition of the goods. A second-hand car, for example, is not expected to perform like a brand-new one, but it must still be of acceptable quality for a used vehicle at that price point. Second-hand goods purchased from private sellers (such as through Facebook Marketplace or Gumtree from a private individual) are generally not covered by the ACL, because the seller is not carrying on a business.
What if the business refuses to give a refund?
If you have a valid claim under the ACL and the business refuses to provide a remedy, you have several options. First, put your complaint in writing and cite the specific ACL provisions. If the business still refuses, lodge a complaint with your state Fair Trading office or the ACCC. You can also apply to your local tribunal (QCAT in Queensland, VCAT in Victoria, NCAT in NSW) for an order. Tribunal applications are inexpensive and designed for consumers to represent themselves. For claims over the tribunal threshold or complex matters, we can send a formal letter of demand or commence court proceedings on your behalf.
Can I claim for consequential loss?
Yes. Under the ACL, if a product or service failure causes you additional loss or damage that was reasonably foreseeable, you can claim compensation for that consequential loss. For example, if a faulty washing machine floods your laundry and damages your flooring, you can claim for the cost of repairing the floor — not just the faulty machine. Consequential loss can include lost income, repair costs for other property, accommodation expenses, and other foreseeable losses that flow from the failure. You must be able to demonstrate that the loss was a reasonably foreseeable consequence of the failure.
How long do consumer guarantees last?
Consumer guarantees do not have a fixed time limit. They last for the period that is reasonable to expect given the nature of the goods, their price, and any statements made by the manufacturer or seller. A $30 toaster might be expected to last 2-3 years, whereas a $3,000 refrigerator might reasonably be expected to last 8-10 years. This means your rights can extend well beyond the manufacturer's warranty period. The ACCC has stated clearly that the manufacturer's warranty period does not define the limit of your consumer guarantee rights.
What is misleading and deceptive conduct?
Section 18 of the ACL prohibits conduct in trade or commerce that is misleading or deceptive, or is likely to mislead or deceive. This is extremely broad and covers false advertising, bait pricing (advertising a low price with no intention of selling at that price), hidden fees, fake testimonials, misleading product descriptions, and fine print that contradicts the headline claim. You do not need to prove that the business intended to mislead you — only that the overall impression created was misleading. If you have suffered loss because of misleading conduct, you can claim compensation.