What this scenario covers
- Tradies who didn't finish, did poor work, or charged for work not authorised
- Mechanics who charged for repairs that didn't fix the problem (or weren't agreed)
- Hairdressers, beauticians, personal trainers — services that didn't deliver
- Gyms, telcos, streaming services — contracts you can't cancel or hidden fees
- Professional services (consultants, designers) that didn't meet the agreed scope
- Software or SaaS that didn't work as advertised
ACL sections that apply
The keystone for services: they must be rendered with due care and skill. Poor workmanship may breach this guarantee, depending on the facts.
If you made known a particular purpose for the services ("I need this car repaired so it can pass rego"), they and any resulting product must be reasonably fit for it; if you made known a result you wanted, they must be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve it. This doesn't apply if you didn't rely, or it was unreasonable to rely, on the supplier's skill or judgement (s61(3)), or to a qualified architect's or engineer's professional services (s61(4)).
Where the contract doesn't fix a time for the services and none is agreed, they must be supplied within a reasonable time. A job with no agreed completion date that drags on for 12 months may fall short of this.
An unfair term in a standard form consumer contract is void. Whether a lock-in clause, automatic renewal or cancellation fee is unfair is for a court or tribunal to decide.
A failure is major if a reasonable consumer fully acquainted with the nature and extent of the failure would not have acquired the services; if they are substantially unfit for a purpose for which services of the same kind are commonly supplied and cannot easily and within a reasonable time be remedied; if they, and any resulting product, are unfit for a particular purpose you made known, or are not of such a nature, or quality, state or condition, that they might reasonably be expected to achieve a result you made known, and cannot easily and within a reasonable time be remedied; or if the supply creates an unsafe situation.
If the failure is major, or can't be remedied, you can cancel and get a refund for any part of the service not yet consumed (s269), or keep the contract and claim compensation for any reduction in the value of the services below the price paid or payable (s267(3)(b)). If it isn't major and can be remedied, you can require the supplier to fix it within a reasonable time; if it refuses or doesn't, you can have it fixed elsewhere and recover all reasonable costs of doing so, or cancel (s267(2)).
What to do today
- Document what was agreed: written quote, contract, email confirming scope, text messages — anything that pins down what you were promised.
- Document what you got: photos of poor work, dated written descriptions, and an independent expert's written report if the quality of the work is disputed.
- Approach the provider directly first, in writing, and cite s60 (and s61 or s62 if they apply). If you were charged without an itemised bill, you can ask for one within 30 days after the later of supply or receiving the bill, and the supplier must give it within 7 days, free (s101).
- If they refuse or stall, send a formal demand letter with a clear deadline for a response (14 days is a practical default, not an ACL requirement). Say what you want: the work fixed or completed within a reasonable time, a refund for any part of the service not yet supplied, or compensation for the drop in the value of the services.
- 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. Home building disputes work differently: in NSW, Victoria and Queensland the tribunal generally won't hear one until you've been through the building regulator's dispute service (Building Commission NSW; the Building and Plumbing Commission's dispute resolution service in Victoria, formerly DBDRV; the QBCC in Queensland).
- 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
- Builder took a 50% deposit, started work, then stopped showing up. s62 (reasonable time, where no completion date was fixed) and s60 may be engaged, and so may section 36, which requires a business that accepts payment to supply all the services within the time specified or a reasonable time, alongside your state's home building laws, and in NSW, Victoria and Queensland you generally need to go through the building regulator's dispute service before the tribunal.
- Mechanic charged $1,200 for a repair that didn't fix the problem. s60 may apply, and so may s61 if you told the mechanic what you needed fixed, unless you didn't rely, or it was unreasonable to rely, on their skill or judgement; you can also ask for an itemised bill (s101).
- Gym refusing to cancel a 12-month membership despite documented health reasons. If the membership is a standard form contract, a court or tribunal may find a lock-in term unfair, and an unfair term is void (s23).
- Telco hit you with a $400 early termination fee on a contract you signed 7 months ago. Whether that fee is an unfair term under s23 is for a court or tribunal to decide; for telco disputes, complain to the provider first, and if that fails the Telecommunications Industry Ombudsman is free, with a decision that binds the provider only if you accept it.
What you got wasn't it.
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.