Which tribunal or court for your consumer dispute? NCAT, VCAT, QCAT and the rest

The business has refused your refund, and you've put your complaint in writing. Now you need a forum that can make a binding decision. In most states and territories that's a civil and administrative tribunal, but in Western Australia, South Australia and Tasmania ordinary consumer claims go to the Magistrates Court.

Quick answer

Once you've written to the business and it has refused or ignored you, where you file depends on which state or territory's forum has jurisdiction, the amount, the type of claim and who the parties are, so confirm it on the forum's official site before filing. For ordinary claims about faulty goods or poor services against a business (building, tenancy and some car disputes have their own schemes):

The table's time limits are indicative for ordinary claims, not universal deadlines; the exact period and its start depend on your claim, forum and any special scheme, and some are shorter.

Above a forum's limit, a higher court usually hears the claim. At QCAT or ACAT you can instead limit your claim to $25,000 (QCAT Act s 12; ACAT Act s 20), but you may not be able to claim the rest later, so get advice first; ACAT can also hear a larger claim if both sides agree and understand the excess isn't being given up (ACAT Act s 21). Each forum also needs a sufficient link to the dispute, which may depend on where the business is or where the contract, supply or loss happened, so the right forum isn't always where you live. Fees, representation rules and time limits differ by forum and change, so check them before you file.

What the law actually says

The Australian Consumer Law (ACL) is a national law, applied in each state and territory by its own Act, so broadly the same rights apply whether you bought in Darwin or Hobart. What differs is mainly the forum, its procedures and some local extras, such as NSW's consumer guarantee directions. The main rights are the consumer guarantees (sections 51 to 59 for goods, 60 to 62 for services), the ban on misleading conduct (section 18) and the remedies for failed guarantees (sections 259 to 266 for goods, 267 to 270 for services).

For goods, section 260 sets out when a failure is major, and section 259(3) sets out what you can then do, whether the failure is major or can't be remedied: reject the goods (where your right to reject hasn't been lost under section 262) and choose a refund or a replacement of the same type and similar value if one is reasonably available (section 263), or keep them and claim compensation for the drop in value. For a non-major failure that can be fixed, you can require the supplier to remedy it within a reasonable time by repairing, replacing or refunding, at its option (sections 259(2) and 261); if the supplier refuses, doesn't do so or takes too long, you can have it fixed elsewhere and recover the reasonable cost, or reject the goods (subject to section 262). Services follow similar rules under section 267, with cancellation in place of rejection, but section 268 (not 260) defines a major services failure; if a failure is major or can't be remedied, you can cancel and recover what you paid for services not already consumed, or keep the contract and claim the drop in value. Separately, sections 259(4) and 267(4) allow damages for other reasonably foreseeable loss, on top of those remedies.

A court or tribunal with jurisdiction can order these remedies, and its order binds the business. In an ordinary consumer claim it decides your remedy; it doesn't impose a penalty on the business for you. ACL civil penalties are ordinarily sought in court by the ACCC or a state or territory regulator, and are paid to government, not to you. You can report a business to either.

When this applies (and when it doesn't)

A tribunal or court is usually the right next step when:

• You've contacted the business in writing and it has refused or ignored you.
• You acquired the goods or services as a consumer under section 3 of the ACL: broadly, they cost $100,000 or less or were of a kind ordinarily acquired for personal, domestic or household use (either is enough), and goods weren't bought to resell, or to use up or transform in trade or commerce in production or manufacture or in repairing or treating other goods or fixtures on land. Check how section 3 applies to your purchase.
• Your claim is under the ACL: faulty goods, services not provided with due care and skill, misleading descriptions, or a business refusing a remedy it owes.
• The amount is within the forum's limit (see the table).

It may not be the right forum when:

• The dispute is about a financial product or service, such as insurance or a loan. The ACCC says the consumer guarantees don't apply to financial products such as insurance; other laws cover them.
• The seller is overseas. The ACCC says an overseas business selling directly to consumers in Australia must follow the ACL, but a remedy can be hard to get; the ACCC suggests asking the consumer protection agency where the seller is based. You aren't covered if the business doesn't officially offer its products in Australia, such as when goods are sent to an overseas address and forwarded here.
• The dispute is about home building work, a tenancy or a car from a licensed dealer. These often have their own pathways; in Queensland, for example, home building disputes must go through the Queensland Building and Construction Commission first.

State by state

• New South Wales. NCAT can hear consumer claims up to $100,000. You must apply within three years of when the cause of action accrued and within 10 years of supply. You don't have to go through NSW Fair Trading first, and most people represent themselves. But if Fair Trading's complaint process doesn't resolve a goods dispute, you may have 30 days to ask it for a direction requiring the business to repair, replace or refund. Broadly (checked September 2026), you and any non-corporate business must be NSW-based, and the goods must have cost $25 to $3,000 excluding GST and been bought within six months before your complaint; services, second-hand goods and cars aren't covered. Either side has 28 days to ask NCAT to reassess a direction; if one isn't followed, you can register its refund amount as a Local Court judgment debt. See escalating in NSW.
• Victoria. VCAT hears consumer and trader disputes, including ACL claims, with no general dollar cap in its legislation. Claims of $15,000 or less are small claims, with stricter limits on professional representation; for larger claims, a lawyer usually needs VCAT's permission unless an exception applies. Each party usually pays its own legal costs at VCAT, which generally can't order costs in a small claim. You don't have to go through Consumer Affairs Victoria first; its dispute help is voluntary and limited, and it can't enforce an outcome. VCAT generally expects you to apply within six years, and its goods and services wait estimate (checked September 2026) was about 52 weeks to mediation or hearing. See escalating in Victoria.
• Queensland. QCAT hears consumer and trader disputes up to $25,000 (excluding interest), and decides from a claim's value and type whether it goes to mediation first or straight to a hearing; follow the notice it sends you. Parties are expected to represent themselves: you need QCAT's permission to be represented, though you can get legal advice. Car disputes with a licensed dealer have a separate path up to $100,000. See escalating in Queensland.
• Western Australia. Consumer claims against a trader go to the Magistrates Court, up to $75,000. For $10,000 or less you can choose the minor cases procedure, where a lawyer needs the court's leave; under either procedure, the legal costs a winner can recover on a claim that size are generally limited. The State Administrative Tribunal (SAT) doesn't hear general consumer claims. Consumer Protection WA offers conciliation but can't order a trader to give a refund, repair, replacement or compensation.
• South Australia. The Magistrates Court hears minor civil claims up to $12,000, where lawyers aren't allowed except in special circumstances, and general claims up to $100,000. SACAT doesn't hear ordinary ACL consumer claims. Consumer and Business Services may conciliate at your request but can't order redress. See escalating in SA.
• Tasmania. The Magistrates Court hears minor civil claims up to $15,000 and ordinary civil claims up to $50,000 (more only with all parties' consent). Consumer Affairs Tasmania (formerly CBOS), Tasmania's consumer regulator, conciliates but can't make binding orders. See escalating in Tasmania.
• ACT. ACAT hears civil disputes, including ACL claims, up to $25,000; larger claims generally go to the Magistrates Court (up to $250,000). You can bring a lawyer. Access Canberra can help ACT residents, and it can conciliate if the remedy you seek is worth $5,000 or less, the matter is suitable and you agree (Fair Trading (Australian Consumer Law) Act 1992 (ACT) ss 34A, 34D); ACAT can make orders giving effect to a conciliation agreement. See escalating in the ACT.
• Northern Territory. NTCAT hears small claims up to $25,000, where a lawyer needs its leave; the Local Court hears larger claims, up to $250,000. NT Government guidance says small claims must be made within three years of when the money was owed or the work was due, restarting if the business confirms the debt in writing within that time; the legal start date varies, so get advice early. NT Consumer Affairs offers optional conciliation if its criteria are met. See escalating in the NT.

Interstate parties and federal matters. NCAT and VCAT say they can't decide a case involving federal jurisdiction. The commonest trigger is where you and the business are both individuals living permanently in different states (territories don't count). A company isn't a resident for this rule, so dealing with an interstate company doesn't raise it by itself, but other federal matters can, such as where deciding the case genuinely requires applying or interpreting a federal law (not your state's ACL). NCAT still takes the application and helps you try to settle; if you can't, you must take it to the Local or District Court. VCAT won't transfer a case, so if you already know this applies, apply directly to the Magistrates' Court. If unsure, check the forum's federal-jurisdiction guidance or get advice before filing.

What to do today

1. Send the business a final demand letter. State the date of purchase, describe the failure, name the consumer guarantee you say has been breached, say what remedy you want, and list any other losses you're claiming. Set a reasonable response deadline (14 days is a practical choice, not a legal rule). If you're unsure how to write it, fairgo can generate one for free.
2. Check your payment method. If you paid by card, ask your card issuer now whether a chargeback is available; if you used buy now pay later, ask the provider about its dispute process; both follow the card scheme's or provider's own time limits, not the ACL's.
3. Consider your state or territory consumer body. It can often help or conciliate, but it usually can't make binding orders in an ordinary consumer dispute (NSW's goods directions are an exception), and you generally don't have to use it before filing, though some special schemes require a first step. Consumer-body contact details are at /agencies; for the forum, use the table above.
4. Gather your evidence. Proof of purchase, photos, your correspondence and, if the fault or its cause is disputed, a dated written report from an independent, qualified repairer who inspected the item, setting out their qualifications, any tests, the cause, whether it can be fixed and the cost, with reasons. A report like that may carry more weight than your own view. Keep the goods: disposing of them can cost you the right to reject.
5. File in the right forum. Before paying a fee, check the business on ASIC's free company search and Published Notices: if it's deregistered, in liquidation or in administration, your claim generally can't proceed, so get advice; for faulty goods, a separate manufacturer may owe you damages (section 271). Confirm the forum's current jurisdiction on its site, because a tribunal can hear only what its legislation allows. Filing fees depend on the amount and on who you are; concession-card holders may pay less or nothing, and some forums waive fees for hardship. Check the official fee page, and if you win, ask whether the forum can order the business to repay your fees. On the form, name the business by its legal name and ABN or ACN and say what orders you want, then serve it as the forum directs; serving or enforcing interstate can need extra steps.
6. Prepare for the hearing. Tribunal and minor-claims hearings are usually less formal than ordinary court hearings. Bring your evidence in date order, explain what happened and what you want, and attend every listed date: many forums hold a conference, mediation or directions hearing first, and at ACAT a party who doesn't take part in the first directions hearing risks final orders being made without them. For a larger or more complex claim, consider getting legal advice first.

What if the business refuses

If the forum orders the business to pay you and it doesn't, you can enforce the order. A tribunal's order is generally filed or registered with the local or magistrates court, and you then use that court's enforcement processes (in Victoria, you ask VCAT to send it to the court); in WA, SA and Tasmania the order already comes from the Magistrates Court, so you enforce it there. An order to do something, such as a repair, can work differently: at QCAT it's also enforced through the Magistrates Court, while at NCAT you ask it to renew the case within a time limit, and it may substitute a money order. Check the forum's enforcement page. Enforcement can involve further fees, and it can't produce money a business doesn't have.

If the business later goes into administration or liquidation, you may get only what the administrator or liquidator can pay, so get advice before enforcing.

Common mistakes

Skipping the business, or assuming conciliation is compulsory. Forums expect you to have tried the business first, but using the consumer body is generally optional.

Claiming the wrong amount. Claim the main remedy the failure supports: a refund or replacement only if you validly rejected the goods (or a refund for unconsumed services you cancelled), otherwise the reasonable cost of having the fault fixed or the drop in value. Add other losses the failure caused only where they were reasonably foreseeable (sections 259(4) and 267(4)), you can evidence them and you took reasonable steps to limit them. Unsupported extras weaken the claim.

Confusing the forum with the ACCC. The ACCC can take court action against a business but doesn't handle individual disputes; for a binding order to get your money back, you usually need a tribunal or court.

Leaving it too late. The ACL sets no single deadline for guarantee claims against the seller; forum and state rules do (see the table and its note). The ACL's three-year limit (section 273) covers only a damages claim against the manufacturer, and misleading-conduct damages have six years from when the cause of action accrued (section 236), though NCAT's three-year limit still applies there. The right to reject goods is separate and can end much sooner (section 262), and delay makes the fault harder to prove, so act early.

Related reading

• Business refused your refund? Here's what to do next
• Escalating a consumer complaint in NSW — step by step
• Escalating a consumer complaint in Victoria — step by step
• Escalating a consumer complaint in Queensland
• Escalating a consumer complaint in South Australia
• Escalating a consumer complaint in Tasmania
• Escalating a consumer complaint in the ACT
• Escalating a consumer complaint in the NT

This article is general information about Australian Consumer Law, not legal advice. It also describes state and territory tribunals and courts (their jurisdiction, fees, representation rules, time limits and enforcement), federal-jurisdiction limits on interstate claims, building, tenancy and licensed car dealer schemes, insolvency and deregistration, state and territory consumer bodies, the ACCC, card chargebacks and buy now pay later disputes, financial products and overseas purchases. Their rules, fees, deadlines and thresholds sit outside the ACL or can change. Confirm the current position with the relevant body before lodging. For advice on your specific case, see your state or territory consumer body — full list at /agencies.