Washing machine refund refused Australia: when repair isn't enough

Your washing machine broke and the retailer says they'll only repair it. Here's when Australian Consumer Law gives you the right to demand a refund instead.

Reviewed by Raymond Stevens3 June 202610 min read

Electronics Refund Repair Section 260 Intermediate

Your washing machine stops working six months after you bought it. You call the retailer and they tell you the same thing every time: "We'll send a technician out to repair it." No refund. No replacement. Just an endless loop of repair appointments, waiting for parts, and loads of wet laundry piling up. Sound familiar?

Here's what most retailers won't tell you: under the Australian Consumer Law, "we'll only repair it" is not always a lawful response. If the fault is serious enough to be a major failure, you have the legal right to choose your own remedy — and that includes a full refund. The retailer doesn't get to make that choice for you.

Quick answer

If your washing machine has a major failure — it can't do what washing machines are supposed to do, it's unsafe, or it has a defect a reasonable buyer would never have accepted — you can reject the goods and choose a refund or replacement under the ACL, with section 260 defining what counts as a major failure. The retailer cannot override this by offering a repair instead. If the failure is minor, the retailer does get to choose repair first, but they must complete it within a reasonable time. Repeated failed repairs on the same fault can strongly support an argument that the problem could not be fixed within a reasonable time, or that the retailer failed to remedy the failure within a reasonable time, which can give you stronger rejection rights.

What the law actually says

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) applies to every washing machine sold by a business in Australia for personal or household use. When you buy one, the law automatically attaches a set of consumer guarantees to the sale. The two most relevant here are:

Section 54 — Acceptable quality. Goods must be safe, durable, free from defects, and fit for all the purposes they're commonly used for. A washing machine that fails to complete a wash cycle, leaks water onto your floor, or stops functioning entirely within a reasonable period of normal use is not of acceptable quality.
Section 55 — Fitness for disclosed purpose. If you told the retailer you needed a machine that could handle large family loads, and it can't, that guarantee is also breached.

When one of those guarantees is breached, your remedies are set out in sections 259–261 of the ACL. The key distinction is between a major failure and a non-major failure:

Major failure (you choose the remedy): Under section 260, a failure is major if:

The goods would not have been bought by a reasonable consumer who knew about the problem.
The goods are substantially unfit for their normal purpose and can't be made fit within a reasonable time.
The goods are unsafe.
The goods are significantly different from their description or sample.

If any of those apply to your washing machine, section 259(1) gives you the right to reject the goods and get a refund, or to keep them and seek compensation for the drop in value. You choose — not the retailer.

Non-major failure (retailer chooses the remedy): If the failure is less serious — say, a drawer that sticks or a programme selector that's slightly off — the retailer gets to decide whether to repair, replace, or refund. But they must act within a reasonable time. If they fail to do so, that right shifts back to you under section 259(2), and you can then reject the goods yourself.

One more important point: section 64 of the ACL makes it unlawful for a business to exclude or restrict these guarantees. A clause in the retailer's terms saying "we reserve the right to repair only" is unenforceable. So is a sign in the store. So is anything the sales assistant tells you verbally. The statutory right cannot be contracted away.

For a deeper look at how major and non-major failures are distinguished in practice, see what "major failure" really means under the ACL.

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When this applies (and when it doesn't)

The consumer guarantees apply to your washing machine dispute when:

You bought the machine from a business (a retailer, an appliance chain, an online store operating as a business).
The machine is used for personal or household purposes.
The fault is not something you caused — normal use only.
You can show proof of purchase: a receipt, a bank or credit card statement, a confirmation email, or even a loyalty card record.

The guarantees generally do not apply when:

You bought the machine from a private seller (a person on Gumtree or Facebook Marketplace, not a business). Private sales don't attract ACL consumer guarantees.
You misused the machine — overloading it beyond its rated capacity consistently, using the wrong detergent causing internal damage, or ignoring a clear warning in the manual.
The fault was pointed out to you before you bought it, and you accepted it (for example, a clearance model sold with a noted defect).
The problem is purely cosmetic and minor, and the machine still works properly for its intended purpose.

It's also worth noting that the consumer guarantee is separate from the manufacturer's warranty. The warranty is a voluntary promise from the manufacturer — it may be shorter, it may have conditions, and it may have expired. The ACL guarantee is a legal right against the retailer and it lasts for as long as a reasonable consumer would expect the goods to work. For a machine that costs $800–$2,000, that's generally several years of normal use, not just the 12-month warranty period. For more on this distinction, see consumer guarantees vs warranty.

What to do today

If the retailer is refusing your refund and insisting on repair only, here's how to push back effectively:

Identify whether your failure is major. Ask yourself: would a reasonable person have bought this machine if they'd known about this fault? Can the machine complete its basic function — washing clothes — at all? Is it safe to run? If the answer points to a serious problem, you're likely dealing with a major failure, and you have the right to reject.
Gather your evidence. Pull together your proof of purchase, any written communications with the retailer, photos or videos of the fault in action, and a log of every repair attempt (dates, what was done, how long it lasted). If the machine has been repaired multiple times for the same fault without success, document each one — this is powerful evidence that the failure is effectively major.
Write a formal demand letter. This is the step most people skip, and it's the one that matters most. A written letter addressed to the retailer (not just a phone call) creates a legal record. It should state: the date of purchase and purchase price, a clear description of the fault, why you believe it constitutes a major failure under section 260 of the ACL, the remedy you are requesting (refund or replacement), and a deadline — typically 14 days — for their response.
Send it to the right person. Email the store manager or the retailer's customer relations team directly. If the machine was bought from a large chain, escalate past the store level to their head office complaints address.
Keep the machine. Don't dispose of it. If the dispute goes to a tribunal, the retailer or the tribunal may want to inspect it.

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

For a full comparison of your remedy options, see replacement vs repair vs refund — which remedy can you choose?

What if the business refuses

If the retailer ignores your letter or continues to insist on repair only, you have clear escalation options:

Your state or territory Fair Trading body. Each state has a free conciliation service that contacts the business on your behalf. Many disputes resolve at this stage because businesses take the formal complaint process seriously. Find your state's contact details at /agencies.
Your state consumer tribunal. If conciliation doesn't resolve it, you can file a claim at NCAT (NSW), VCAT (Victoria), QCAT (Queensland), SAT (Western Australia), SACAT (South Australia), or the equivalent in your territory. Filing fees are modest — typically between $50 and $100 — and you don't need a lawyer. Tribunals hear appliance disputes regularly and are well familiar with the "we'll only repair" argument. It rarely succeeds when the failure is genuinely major.
The ACCC. The Australian Competition and Consumer Commission does not resolve individual disputes, but if you believe the retailer is engaging in a systemic pattern of refusing lawful refund claims, a report to accc.gov.au may prompt broader action. For your own case, Fair Trading and the tribunal are the right forums.

One practical note: a well-drafted demand letter that cites the specific ACL sections and names the tribunal you intend to use often resolves the dispute before any formal filing is needed. Retailers know the law; they rely on consumers not knowing it.

Common mistakes

These are the errors that most often weaken a washing machine refund claim:

Accepting a repair without asking whether the failure is major. Once you agree to a repair, you've implicitly accepted that the retailer gets to choose the remedy — at least for that round. Before agreeing to any repair, consider whether the fault is serious enough to be a major failure. If it is, you can reject the goods outright instead.
Letting multiple failed repairs go undocumented. If the machine has been repaired twice for the same fault and it's still not working, that pattern is legally significant. Keep a written record of every repair visit, what was done, and when the fault recurred.
Confusing the manufacturer's warranty with your ACL rights. The retailer may tell you "the warranty has expired" as if that ends the conversation. It doesn't. The consumer guarantee under section 54 of the ACL is separate from the warranty and lasts for as long as a reasonable consumer would expect the goods to function.
Only communicating by phone. Phone calls leave no record. Always follow up any verbal conversation with an email summarising what was said and what was agreed.
Waiting too long. There's no fixed time limit in the ACL for making a guarantee claim, but unreasonable delay can affect your position. If the machine has been faulty for months and you've done nothing, the retailer may argue the delay is inconsistent with rejection. Act promptly once you identify the fault.
Claiming consequential losses without a basis. You may be able to claim for out-of-pocket losses caused by the faulty machine — for example, laundromat costs during a prolonged repair period — but keep these proportionate and documented. Inflated claims undermine the credibility of the whole complaint.

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. For advice on your specific case, see your state's Fair Trading body — full list at /agencies.