What this scenario covers
- Goods that broke before they reasonably should have
- Items that don't match what was advertised or shown to you
- Products that don't do what the seller said they'd do
- Stores quoting their own "no refunds" policy as if it were the law
- Retailers saying "the warranty has expired" on goods that should have lasted longer
- Online purchases where the item arrived damaged, faulty, or significantly different
ACL sections that apply
Goods must be as safe, durable, free from defects, acceptable in appearance and finish, and fit for all the purposes for which goods of that kind are commonly supplied, as a reasonable consumer fully acquainted with their state and condition would regard as acceptable. A washing machine that fails at 11 weeks of ordinary use is unlikely to meet that standard.
Goods supplied by description must match it. If the listing said 'leather' and the item is bonded leatherette, this guarantee is likely to have been breached.
A term is void to the extent it purports to exclude, restrict or modify the consumer guarantees (s64), so a store policy can't remove them. A blanket 'no refunds' sign may itself be a false or misleading representation about your rights (s29(1)(m)).
A failure is major if a reasonable consumer fully acquainted with the nature and extent of the failure would not have acquired the goods; if the goods depart in one or more significant respects from their description, sample or demonstration model; if they are substantially unfit for a purpose for which goods of the same kind are commonly supplied, or unfit for a purpose you made known, and cannot easily and within a reasonable time be remedied; or if they are not of acceptable quality because they are unsafe. Two or more failures, taken as a whole, can also amount to a major failure (s260(2)).
If the failure is major, or can't be remedied, you can reject the goods (if the 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 any reduction in their value below the price paid or payable (section 259(3)(b)). If the failure isn't major and can be remedied, you can require the business to remedy it within a reasonable time, and it chooses how: repair, replacement or refund (sections 259(2) and 261). If it refuses or doesn't do so within a reasonable time, you can have it fixed elsewhere and recover all reasonable costs of doing so, or reject the goods (subject to section 262).
What to do today
- Gather proof of purchase: a receipt, order confirmation or loyalty-card record. It's evidence, not a precondition, and a bank or card statement may be sufficient, depending on whether it identifies the business, the transaction and the goods clearly enough.
- Document the failure with photos, dates, and a written description of what's wrong.
- Save any conversations with the seller — emails, screenshots of chat, dates of phone calls.
- Send a written demand letter citing the ACL sections that apply, with a clear deadline for a response (14 days is a practical default, not an ACL requirement).
- If the business refuses or doesn't respond, your state or territory consumer protection body may help, for example by contacting the business or conciliating, if your complaint meets its criteria. Most expect you to have tried to resolve the matter with the business first, and eligibility rules vary by state and dispute type. These bodies don't make binding orders in ordinary consumer disputes and can't make the business settle.
- You can also apply to a tribunal or court with jurisdiction, which can make binding orders. 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. Confirm the forum, its current thresholds and filing fees on the official site before filing, and ask about fee exemptions or reductions if cost is a concern. You can usually run a claim without a lawyer, though some forums restrict legal representation (QCAT, for example, requires permission). Limitation laws and forum time limits apply, so don't leave it too long.
Common situations we see
- Bought an appliance that died after 14 months, and the retailer points at the 12-month warranty. The s54 guarantee isn't tied to the warranty period: durability is judged by what a reasonable consumer would regard as acceptable for those goods, which can be longer than 12 months.
- Online purchase arrived damaged, and the seller says to contact the courier. Your claim for a remedy under the consumer guarantees is usually against the seller that supplied you, not the courier.
- Furniture turned out to be a different colour or fabric than advertised. The s56 guarantee that goods match their description may apply, in a store as well as online.
- Sale-item refund refused with an 'all sales final' tag. A term like that is void to the extent it would exclude the consumer guarantees (s64), though a defect that was pointed out to you before you bought isn't covered by s54, and a change of mind gives no refund right.
The law often says yes.
Draft a demand letter citing the exact ACL sections. It usually takes about 5 minutes, and you can start without an account. Free to use.
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This page is general information about Australian Consumer Law, not legal advice. It also touches on complaint and escalation pathways (state and territory consumer bodies, the ACCC, building regulators, the Telecommunications Industry Ombudsman, tribunals and courts) 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.