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Australian Consumer Law · Free demand letter

You paid for a service.
What you got wasn't it.

Builders, mechanics, hairdressers, gyms, telcos, software providers — when a service falls short, the Australian Consumer Law has specific protections most consumers don't know about. We'll draft the letter that names the right section and asks for the right remedy.

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Does this apply to you?

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, advisors) that didn't meet the agreed scope
  • Software or SaaS that didn't work as advertised
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The relevant law

ACL sections that apply

s60 — Due care and skill

The keystone for services. The work must be performed competently. Bad workmanship breaches this guarantee, full stop.

s61 — Fitness for particular purpose

If you told the provider what you needed ("I need this car repaired so it can pass rego"), the service must achieve that.

s62 — Reasonable time

Services without a fixed date must be supplied within a reasonable time. A builder dragging a 3-month job into 12 breaches this.

s23 — Unfair contract terms

Lock-in clauses, automatic renewals, and excessive cancellation fees in standard-form consumer contracts can be void as unfair.

s268 — Major failure (services)

If the service fundamentally falls short — wouldn't have been engaged knowing about the failure, or substantially unfit — you can cancel and recover.

Step by step

What to do today

  1. Document what was agreed: written quote, contract, email confirming scope, text messages — anything that pins down what you were promised.
  2. Document what you got: photos of poor work, dated written descriptions, expert second opinions if applicable.
  3. Approach the provider directly first. Many disputes settle at this stage if you cite s60 by name.
  4. If they refuse or stall, send a formal demand letter with a deadline. Specify the remedy you want (refund, completion of work, partial refund).
  5. Escalate to Fair Trading conciliation. For builders specifically, your state's building authority (NSW Fair Trading Home Building, VBA in Victoria, QBCC in Queensland) often has dedicated home-building dispute teams.
Examples

Common situations we see

  • Builder took a 50% deposit, started work, then stopped showing up. s60 (due care and skill) and s62 (reasonable time) both apply. Most state building authorities have rapid-response processes for this.
  • Mechanic charged $1,200 for a repair that didn't fix the problem. s60 plus s61 (fitness for the disclosed purpose — you told them what you wanted fixed) apply.
  • Gym refusing to cancel a 12-month membership despite documented health reasons. s23 unfair contract terms can void the lock-in clause.
  • Telco hit you with a $400 early termination fee on a contract you signed 7 months ago. Often the cancellation fee itself is unfair under s23.
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What you got wasn't it.

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Go deeper

Related reading

Can I demand a refund? When Australian Consumer Law gives you the right
Plain-English guide to when the Australian Consumer Law lets you demand a refund — even when the store says no, the warranty has expired, or the receipt is gone.
Replacement vs repair vs refund: which remedy can you choose?
Plain-English guide to replacement vs repair vs refund Australia — when you get to choose your remedy under the ACL and when the seller decides.
What 'major failure' really means under the Australian Consumer Law
Plain-English guide to what counts as a major failure under the ACL, why it matters for your refund rights, and exactly what to do when a product or service fails.

This page 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.