Removalist damaged your furniture: claiming under the ACL

Moving house is stressful enough. When the removalist delivers your dining table with a leg snapped off, drops your television, or loses a box of belongings entirely, the stress compounds fast — and the company's first response is often to point at a liability waiver buried in their booking terms. The good news: Australian Consumer Law gives you real protection here, and a signed disclaimer does not automatically wipe out your rights.

Quick answer

Whether you can claim compensation, and how much, depends on whether the removalist was acting in trade or commerce (almost all commercial removalists are), whether you acquired the service as a consumer within the meaning of section 3 of the ACL, whether the damage resulted from a failure to perform the move with due care and skill, and the practical loss you can prove.

In general terms, the ACL requires a removalist to carry out the move with due care and skill under section 60. If your belongings are damaged, lost or mishandled because that standard was not met, the practical remedy is usually compensation — the reasonable cost of repair, replacement where repair is not reasonable, a reduction in value, or reimbursement of reasonably foreseeable loss. Depending on whether the failure is major or non-major, you may also be entitled to a price reduction or a refund for part of the service itself. Cancelling the contract is rarely the point once the move has already happened.

Put your claim in writing before you arrange major repairs or dispose of anything damaged.

What the law actually says

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010. When you hire a removalist for a domestic move, you are almost certainly acquiring a service as a consumer within the meaning of section 3 of the ACL — provided the service is acquired for personal, domestic or household use, the price does not exceed $100,000 (or the service is of a kind ordinarily acquired for personal use), and the service is not acquired for re-supply or for use in a production, manufacturing or repair process. Check how section 3 applies to your own situation if you are unsure.

Three guarantees are particularly relevant to removalist disputes:

Section 60 — Due care and skill. This is the central one. The removalist must carry out the move with the care and skill you would reasonably expect of a competent professional. Dropping a wardrobe, failing to wrap fragile items, or stacking heavy boxes on top of a flat-screen television are all potential breaches. The standard is objective — it's what a reasonable removalist in their position would have done.

Section 61 — Fitness for disclosed purpose. If you told the removalist about specific requirements — for example, that you had antique furniture requiring specialist handling, or a piano that needed a particular lift — and it was reasonable to rely on their skill and judgment to meet those requirements, the service must achieve that result. The reliance element matters: you must have made the purpose known and it must have been reasonable to rely on the removalist's expertise.

Section 62 — Completion within a reasonable time. If no time was agreed, the move must be completed within a reasonable time. Significant delays that cause you loss may also give rise to a claim.

Which remedy you get

When a guarantee for services is breached, your remedies mainly sit in sections 267–270 of the ACL. Section 267 sets out your remedies against the supplier, section 268 defines when a failure is major, and the provisions that follow deal with cancelling a services contract and what happens when you do.

Non-major failure. The removalist usually gets a reasonable opportunity to put things right within a reasonable time. In a damaged-furniture case that may mean arranging and paying for a repair, replacing a lost item, reimbursing a reasonable repair quote, or otherwise compensating you for the loss. If they refuse or take too long, you may be entitled to have it rectified elsewhere and recover the reasonable cost, or to cancel where the statutory conditions are met.

Major failure. Under section 268 of the ACL, a services failure is major if, for example:

• a reasonable consumer, fully aware of the nature and extent of the failure, would not have acquired the service;
• the service — or any product resulting from it — is substantially unfit for its common purpose and cannot be remedied within a reasonable time;
• the service, or a resulting product, is substantially unfit for a particular purpose you made known to the supplier and cannot be remedied within a reasonable time;
• the service fails to achieve a result you made known to the supplier and cannot be remedied within a reasonable time; or
• the service creates an unsafe situation.

Where a major failure exists you may cancel the contract and seek a refund for any unconsumed portion, or keep the contract and seek compensation or a price reduction. For a move that has already been completed, though, compensation for repair, replacement, reduction in value or reasonably foreseeable loss is usually the practical focus.

What about that liability waiver? Under section 64 of the ACL, any term that purports to exclude, restrict or modify the consumer guarantees — or liability for failing to comply with them — is void to the extent it does so. A clause saying "we accept no liability for damage to goods" cannot strip away your statutory consumer guarantees. The clause may still sit in their contract, but it is void to that extent. For an ordinary household move this usually favours the consumer; a business or commercial relocation may need closer analysis, including whether a limitation of liability is permitted under section 64A.

When this applies (and when it doesn't)

The consumer guarantees apply when:

• You hired a commercial removalist — a business or sole trader acting in trade or commerce. Most removalists, even small owner-operators, will qualify.
• The move was for personal, domestic or household purposes and the price fell within the section 3 threshold (or the service was of a kind ordinarily acquired for personal use).
• The damage or loss resulted from the removalist's failure to perform with due care and skill — not from pre-existing damage or a cause unrelated to their conduct.
• You can show proof of the booking (email confirmation, invoice, bank transfer record).

The guarantees are less likely to assist you when:

• You packed the items yourself and the damage is attributable to inadequate packing rather than the removalist's handling. If you handed over poorly packed goods and the removalist had no reason to know they were fragile, attributing the damage to them becomes harder.
• The damage was caused by something genuinely outside the removalist's control — though "we hit a bump in the road" is rarely a complete defence if the item wasn't properly secured.
• The removalist is a private individual helping you move as a favour, not acting in trade or commerce. The ACL applies to businesses and those acting in trade or commerce; a friend with a ute is not covered.
• You accepted the goods without noting any visible damage at delivery and then raised the claim weeks later. Delay doesn't automatically kill your claim, but it can make it significantly harder to prove the damage occurred during the move.

A commercial office relocation is a different question again — both the section 3 consumer test and any permitted limitation of liability deserve closer analysis than a household move does.

What to do today

Acting quickly and methodically gives you the best chance of a good outcome.

1. Document everything at delivery. Before the removalists leave, walk through every room and inspect your belongings. Photograph any damage — scratches, chips, broken parts — alongside something that shows the date (your phone's camera timestamp works). Note the names of the crew if you can.
2. Note the damage on the delivery docket. If the removalist asks you to sign a completion form, write "damage noted — subject to inspection" before you sign. Signing without qualification does not automatically wipe out your ACL rights — a signature cannot waive a statutory guarantee — but it makes the evidence harder if the business later claims everything arrived in good condition.
3. Gather your proof of the booking and the value. Email confirmations, the invoice, your bank statement, and any written quotes. For the damaged items, collect original receipts, current replacement quotes, or a written assessment from a furniture repairer.
4. Get a written repair or replacement quote before you spend. Compensation claims are strongest when the loss is documented and reasonable, so obtain at least one written quote and keep every receipt. Avoid running up costs a tribunal would call unreasonable, and where a repair is urgent, tell the removalist before you authorise the work if that is practical.
5. Write to the removalist promptly. A written claim — email is fine — creates a record. State the date of the move, describe each damaged or lost item, attach your photos, specify the loss you're claiming (repair cost or replacement value), cite section 60 of the ACL, and give a reasonable deadline for their response (14 days is usually appropriate).
6. Keep the damaged items. Don't dispose of anything until the claim is resolved. The removalist may want to inspect the damage, and any tribunal or court will expect you to have preserved the evidence.

If drafting the letter feels daunting, fairgo can generate one for you in about 90 seconds. The wizard identifies the relevant ACL sections automatically and produces a letter you send under your own name.

What if the business refuses

If the removalist ignores your letter, disputes liability, or offers an amount that doesn't cover your loss, you have several escalation options.

Your state or territory Fair Trading body. Each state and territory runs a free conciliation service. The body contacts the business on your behalf and tries to broker a resolution. Eligibility is subject to state-specific rules — typically you must have already attempted to resolve the dispute directly with the business, and some dispute types or values may be excluded. Importantly, the Fair Trading body cannot make binding orders or compel the removalist to pay; only a court or tribunal can do that. Full contact details for every state and territory body are at /agencies.

A court or tribunal. If conciliation does not resolve the dispute, a binding decision requires a court or tribunal. The correct forum depends on your state or territory, the nature of the dispute, and the amount claimed. State consumer tribunals such as NCAT (NSW), VCAT (Victoria), QCAT (Queensland), and their equivalents in other states and territories can often hear ACL disputes — but only where their enabling legislation confers jurisdiction over that type of claim. For many ordinary ACL disputes, the Magistrates Court or equivalent may be the correct binding forum instead. Confirm which forum has jurisdiction over your dispute type and check current filing thresholds on the official site before filing. See our guide to services disputes under the ACL for more context on escalation paths.

The ACCC. The ACCC investigates systemic conduct across industries, not individual disputes. Lodging a report with the ACCC may prompt broader action if many consumers are affected, and the ACCC may point you to the relevant state body — but this is not a guaranteed referral and will not resolve your individual claim.

The threat of escalation, clearly stated in your demand letter, often prompts a settlement. Removalists and their insurers are familiar with ACL claims; a well-drafted letter signals you know your rights and are prepared to follow through.

Common mistakes

These are the patterns that most often weaken an otherwise valid claim:

• Signing the delivery docket without noting damage. An unqualified signature can be read as acceptance of the goods in good condition. Always note any visible damage before signing.
• Treating the removalist's insurance as the thing that decides your claim. They may carry transit insurance, but the insurer's interests are not yours, and "our insurance won't cover it" says nothing about your statutory position. Your ACL rights run against the removalist and exist independently of whatever cover they hold.
• Accepting a low goodwill offer without understanding your entitlement. A $50 "goodwill gesture" for a $1,200 dining table is not a settlement of your ACL claim unless you agree it is. Make sure any settlement covers your actual loss.
• Disposing of the damaged goods. Without the item, it becomes very difficult to prove the extent of the damage or to obtain a repair assessment. Keep everything until the claim is finalised.
• Waiting too long to raise the claim. The ACL does not set a single fixed warranty-style expiry period for consumer guarantee claims, but delay matters. The longer you wait, the harder it becomes to prove the damage occurred during the move rather than afterward, and your ability to seek certain remedies may diminish over time. Raise the issue in writing as soon as you discover the damage.
• Going straight to a tribunal without trying to resolve it first. Most Fair Trading bodies require you to have attempted direct resolution before they will conciliate. A clear written demand letter is usually the necessary first step.

For a deeper look at how the due care and skill guarantee works across service industries, see our article on section 60 of the ACL. And if you want to understand how services failures are classified as major or non-major, what "major failure" really means walks through the full framework.

Related reading

• Services that go wrong: your ACL rights explained
• Section 60 ACL: the due care and skill guarantee
• What "major failure" really means under the ACL
• Business refused your refund? Here's what to do next

This article is general information about Australian Consumer Law, not legal advice. The ACL is complex and your situation may have details that change the analysis. It also describes complaint and escalation pathways — including Fair Trading conciliation services, state tribunals, and the ACCC — whose scope, rules, thresholds and processes sit outside the ACL and can change. Confirm the current position with the relevant body before lodging any complaint or claim. For advice on your specific case, see your state's Fair Trading body — full list at /agencies.