Consumer Disputes
Disputes about defective goods, poor workmanship, misleading conduct and services that were not delivered as promised.
A Product or Service Has Not Met Expectations
Whether it is faulty goods, a service performed poorly, or work that fell well short of what was promised, consumer disputes are usually resolved once the relevant guarantees and remedies are set out clearly. Where a supplier refuses to engage, the value of the claim generally determines the best path forward.
Your Rights Under Consumer Law
The Australian Consumer Law provides guarantees that apply automatically and cannot be excluded by a supplier's terms and conditions, regardless of what any contract says to the contrary.
Consumer Guarantees
Goods must be of acceptable quality and fit for purpose, and services must be provided with due care and skill and completed within a reasonable time. A failure to meet these guarantees gives rise to remedies.
Claims, Remedies and Where They Are Heard
Misleading or Deceptive Conduct
Conduct that creates a false or misleading impression, whether in advertising, representations made before a sale or statements about a product's capabilities, can give rise to a separate claim regardless of intent.
Refunds, Repairs, Replacements and Compensation
The remedy available depends on whether the failure is major or minor. A major failure can entitle you to a refund or replacement, while a minor failure may only require repair. Compensation for consequential loss may also be available.
Complaints and Letters of Demand
A clear written complaint setting out the guarantee that has been breached and the remedy sought resolves many disputes without further steps.
Tribunal, Court and Defending a Claim
Where a supplier will not engage, NCAT is often the appropriate forum for smaller consumer claims, while larger or more complex claims may need to proceed in court. Businesses facing a claim need advice on whether the guarantees have actually been breached and what exposure genuinely exists.
How Shah & Co Lawyers can assist
We advise both consumers seeking a remedy and suppliers responding to a complaint they consider overstated.
Consumer Rights Advice
Clear advice on the guarantees and remedies that apply to your situation.
Complaints and Demands
Correspondence that puts your position clearly and firmly.
NCAT Applications
Preparation and representation for consumer claims in NCAT.
Court Proceedings
Representation for larger or more complex consumer claims.
Defending Claims
Advice to businesses responding to consumer complaints and claims.
Building and Renovation Disputes
Advice on defective work and unfinished renovation projects.
What to gather before making a complaint
- The receipt, invoice or proof of purchase.
- Photographs of the defect or unsatisfactory work.
- Any advertising or representations relied on before purchase.
- Correspondence already exchanged with the supplier.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other civil law services
Contractual Disputes
Advice and representation where a contract has been breached, terminated, disputed or performed differently to what was agreed.
View Contractual DisputesDebt Recovery
Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
View Debt RecoveryProperty and Ownership Disputes
Disputes about ownership, co-ownership, boundaries, easements, caveats and interests in land or other property.
View Property and Ownership DisputesNegligence and Compensation Claims
Claims where loss has been caused by another party's carelessness, including professional negligence and property damage.
View Negligence and Compensation ClaimsInjunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
View Injunctions and Urgent Court ApplicationsTribunal and Court Proceedings
Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
View Tribunal and Court ProceedingsGet advice about your consumer dispute.
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