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, the drop in an item's value, or reimbursement of reasonably foreseeable loss. Depending on whether the failure is major or non-major, you may also be entitled to compensation for the drop in the service's value, or (if you cancel) a refund for any part of the service not yet provided. 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 — because the price does not exceed $100,000, or because the service is of a kind ordinarily acquired for personal, domestic or household use. A household move will usually meet the second limb, whatever the price. 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 a purpose or result you made known. If you told the removalist about specific requirements — for example, antique furniture needing specialist handling, or a piano needing a particular lift — the service must be reasonably fit for that purpose, and of a nature and quality that might reasonably be expected to achieve the result you made known. Section 61 doesn't apply if the circumstances show you didn't rely, or it was unreasonable to rely, on the removalist's skill or judgment, and (unlike section 60) you can't act under sections 61 or 62 if the failure happened only because of someone other than the removalist or its agents or employees, or a cause independent of human control after the service (section 267(1)(c)).

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. If the failure can be remedied, you can require the removalist to put things right within a reasonable time. In a damaged-furniture case that may mean arranging and paying for a repair or reimbursing a reasonable repair cost; other loss is claimed separately (section 267(4)). If they refuse or don't do so within a reasonable time, you can have it rectified elsewhere and recover the reasonable cost, or cancel the contract (section 267(2)).

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

• a reasonable consumer fully acquainted with the nature and extent of the failure would not have acquired the service;
• the service is substantially unfit for a purpose for which services of that kind are commonly supplied, and can't easily and within a reasonable time be remedied;
• the service, and any product resulting from it, is unfit for a particular purpose you made known to the supplier, and can't easily and within a reasonable time be remedied;
• the service, and any product resulting from it, is not of such a nature, or quality, state or condition, that it might reasonably be expected to achieve a result you made known to the supplier, and can't easily and within a reasonable time be remedied; or
• the service creates an unsafe situation.

Two or more failures that aren't major on their own are together a major failure if a reasonable consumer fully acquainted with them, taken as a whole, wouldn't have acquired the service (section 268(2)).

Where a failure is major, or can't be remedied (a lost box, for example), you may cancel the contract and seek a refund for any unconsumed portion (section 269), or keep the contract and claim compensation for the drop in the service's value below the price you paid (section 267(3)). Separately, you can claim reasonably foreseeable loss such as repair or replacement costs for damaged items (section 267(4)), if you can evidence it, took reasonable steps to limit it, and don't claim the same loss twice. For a move that has already been completed, that compensation 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 fall outside the services guarantees altogether (section 63), or section 64A may let the contract limit liability to supplying the service again or paying for that, unless you show relying on the limit isn't fair or reasonable.

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.
• You acquired the service as a consumer under section 3 of the ACL: the price was $100,000 or less, or the service is of a kind ordinarily acquired for personal, domestic or household use (either is enough).
• 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.

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: the services guarantees don't apply to a contract for transporting or storing goods for the purposes of a business, trade, profession or occupation carried on by the person for whom the goods are transported or stored (section 63, unless the consignee isn't carrying on a business in relation to the goods), and the section 3 consumer test and any limitation of liability under section 64A also need closer analysis.

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 — you'll need them to show the contract. 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. If the removalist disputes that the move caused the damage, ask the repairer for a short written opinion on the cause.
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 a practical default, not an ACL requirement).
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. 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 consumer body. Your state or territory consumer body may help, for example by contacting the business or conciliating, if your complaint meets its criteria. 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 (in the ACT, for example, statutory conciliation applies only where the remedy you seek is worth $5,000 or less). Importantly, these bodies don't make binding orders in ordinary consumer disputes and can't compel the removalist to take part or pay; only a court or tribunal can make a binding order. 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. In NSW, Victoria, Queensland, the ACT and the NT, a tribunal (NCAT, VCAT, QCAT, ACAT or NTCAT) hears many consumer claims within its limits; in Western Australia, South Australia and Tasmania, ordinary consumer claims go to the Magistrates Court. Jurisdiction depends on each forum's enabling legislation, the type of claim and the amount, so confirm the forum and its current thresholds on the official site before filing. You can usually run a claim without a lawyer, though some forums restrict legal representation (QCAT, for example, requires permission). Check current filing fees on the official site, and ask about fee exemptions, waivers or deferrals if cost is a concern. 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, can prompt a settlement. 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. If you took out your own transit or contents insurance, check that policy too; it's a separate contract outside the ACL guarantees.
• 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 limitation laws and forum rules (including time limits for lodging a claim) apply, and delay matters: the longer you wait, the harder it becomes to prove the damage occurred during the move rather than afterward. Raise the issue in writing as soon as you discover the damage.
• Going straight to a tribunal without trying to resolve it first. Consumer bodies commonly expect you to have tried to resolve it directly first, and courts and tribunals generally expect parties to have tried to resolve the dispute. 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. It also touches on complaint and escalation pathways (state and territory consumer bodies, tribunals and courts, the ACCC), transit insurance and limitation laws, whose scope, rules, thresholds and processes 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.