AustraliaConsumer Rights
Refunds, warranties, debt collection, online shopping, credit card chargebacks
25 questions
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Consumer Guarantees
(6)If I buy a faulty product from a retailer, can I demand a refund under Australian law?
Yes, you can demand a refund if the product fails to meet Australian Consumer Law guarantees β especially if the failure is major.
A mechanic did a poor job repairing my car and now it has additional damage. What consumer remedies do I have?
You may be entitled to a repair, replacement, refund, or compensation for the additional damage caused by the mechanicβs poor work, under the Australian Consumer Law.
The retailer says they have a 'no refund' policy. Does this override my consumer guarantee rights?
No, a 'no refund' policy does not override your consumer guarantee rights under Australian law. These rights are automatic and cannot be excluded by store policies.
I bought a second-hand car from a dealer and it broke down within a week. Am I covered by consumer guarantees?
Yes, you are covered by consumer guarantees under the Australian Consumer Law, even when buying a second-hand car from a dealer.
I received a product that doesn't match its description on the website. What are my options?
You have the right to a remedy β such as a refund, replacement, or repair β because the product failed to meet the consumer guarantee of matching its description under Australian Consumer Law.
I want to return a product that doesn't fit but there's nothing wrong with it. Am I entitled to a refund?
No, you are not automatically entitled to a refund for a change of mind in Australia β retailers only must provide refunds or replacements if the product fails to meet consumer guarantees (e.g., is faulty, unsafe, or doesn't match description).
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Misleading Conduct
(6)A business advertised a product as 'Australian made' but it was manufactured overseas. Is this illegal?
Yes, it is illegal under the Australian Consumer Law to advertise a product as 'Australian made' if it was manufactured overseas and does not meet the legal criteria for that claim.
An online store won't honour its advertised price, saying it was a 'website error'. Do I have any recourse?
Yes β if the online store advertised a price, itβs generally legally bound to honour it under Australian consumer law, unless the error was obvious and you knew or should have known it was a mistake.
I was overcharged at a shop because the shelf price differed from the scanned price. What's the law?
In Australia, shops must honour the lower of the displayed shelf price or the scanned price, unless the difference is due to an obvious error and you knew or should have known about it.
A real estate agent made false claims about a property's features. Is this misleading conduct?
Yes, false claims by a real estate agent about a property's features are likely misleading conduct under Australian consumer law.
A company is using drip pricing - showing a low price then adding mandatory fees at checkout. Is this legal?
No, drip pricing is illegal in Australia under the Australian Consumer Law because it misleads consumers about the total price they must pay.
A company sent me a misleading comparison between their product and a competitor. Can I complain?
Yes, you can complain β misleading comparisons are illegal under the Australian Consumer Law, and you can report them to the ACCC or your state consumer agency.
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Unfair Contracts
(3)A company's terms and conditions seem unfair - they can cancel my subscription at any time but I can't. Is this enforceable?
No, such a term is likely unfair and unenforceable under Australian consumer law because it creates a significant imbalance in rights and obligations.
A gym locked me into a 3-year contract with no exit clause. Can I get out of it?
Yes, you may be able to cancel the contract if it's an unfair term under the Australian Consumer Law β especially if it locks you in for 3 years with no reasonable exit option.
A company's subscription auto-renewed without clear notice. Can I dispute the charge?
Yes, you can dispute the charge if the company failed to give clear, upfront notice about auto-renewal, as required by Australian consumer law.
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Insurance Rights
(4)My insurance company denied my car claim because I didn't disclose a minor speeding fine. Can they do this?
In most cases, no β an insurer cannot deny your car insurance claim solely for failing to disclose a minor speeding fine, unless it was relevant to your risk and you acted fraudulently or failed to comply with your duty of disclosure under the Insurance Contracts Act.
I signed an insurance policy but wasn't told about a key exclusion. Can the insurer rely on it?
No β under Australian law, insurers must take reasonable steps to draw key exclusions to your attention when you sign the policy; if they donβt, the exclusion may not be enforceable.
My insurance company is taking months to process my claim. Is there a duty to act in good faith?
Yes, insurers in Australia owe a duty to act in good faith when handling claims, and unreasonable delays may breach that duty under the Insurance Contracts Act 1984.
My travel insurance company says my pre-existing condition isn't covered, but I disclosed it. What are my rights?
If you disclosed your pre-existing condition when buying travel insurance in Australia, the insurer generally cannot deny coverage unless the policy clearly and fairly excluded it β and they must prove you understood the exclusion.
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Privacy & Marketing
(2)I keep getting marketing emails from a company I never signed up with. What are my rights?
You have the right to stop unsolicited marketing emails in Australia under the Spam Act. The sender must provide a functional unsubscribe facility and obtain consent before sending commercial electronic messages.
A telemarketer keeps calling despite me asking them to stop. What Australian law protects me?
The Do Not Call Register Act 2003 (Cth) and the Telecommunications Act 1997 (Cth) protect you β itβs illegal for telemarketers to call numbers on the Do Not Call Register or ignore your request to stop calling.
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Financial Services
(2)My financial adviser gave me bad investment advice and I lost money. Can I take legal action?
Yes, you may be able to take legal action if your financial adviser breached their legal duties β such as providing advice that was not appropriate, not based on your circumstances, or not in your best interests.
Can ASIC take action against a bank that charged hidden fees on my financial product?
Yes, ASIC can take enforcement action against a bank for charging hidden fees if it breaches the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth).
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Product Safety
(2)A product I bought caused me injury. Can I sue the manufacturer even though I bought it from a retailer?
Yes, you can sue the manufacturer directly under Australian consumer law, even if you bought the product from a retailer.
A builder went bankrupt before finishing my renovation. What consumer protections apply?
If your builder went bankrupt before finishing your renovation, you may be protected under the Australian Consumer Law (ACL) and state-based home building compensation schemes, which can cover losses up to $20,000β$100,000 depending on your state.