AustraliaA defective product caused me serious injury. Can I sue the overseas manufacturer?
Yes, you can sue an overseas manufacturer in Australia under the Australian Consumer Law if the product was supplied in trade or commerce and caused injury due to a safety defect.
What the Law Says
The Australian Consumer Law (ACL) allows injured consumers to seek compensation from manufacturers — including overseas ones — for injuries caused by defective products supplied in trade or commerce in Australia.
Under the ACL, a manufacturer includes any person who grows, extracts, produces, processes, or assembles goods — or who holds themselves out as the manufacturer — even if they are based overseas. Section 271 of the ACL specifically extends liability to overseas manufacturers who supply goods to Australia.
If a product has a 'safety defect' — meaning it is not as safe as a person is entitled to expect — and that defect causes death, personal injury, or property damage, the manufacturer is strictly liable under section 138. This means you do not need to prove negligence — only that the defect existed and caused your injury.
The claim must be brought within 6 years from when the cause of action arose (e.g., the date of injury), as set out in the Limitation Acts of each state and territory — for example, the Limitation Act 1969 (NSW) s. 14(1).
Statutory TextA manufacturer of goods is liable to compensate a person who suffers loss or damage because of a safety defect in the goods.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 138 — Manufacturer’s liability for death or personal injury
Statutory TextFor the purposes of this Division, a reference to a manufacturer of goods includes a reference to a person who… (b) imports the goods into Australia for sale or for use in trade or commerce.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 271 — Meaning of manufacturer
What to Do
Gather evidence: keep the defective product (if safe), medical reports, photos, receipts, and records of how and where the product was purchased or used.
Identify the manufacturer and importer — check packaging, manuals, or Australian distributor details; the importer may be easier to sue locally.
Send a written demand for compensation to the overseas manufacturer and/or Australian importer, outlining your injury and losses.
File a claim in an Australian court with jurisdiction — such as the NSW Supreme Court — naming the overseas party as defendant; the court can serve documents overseas under relevant rules.
Seek legal advice early — international service, enforcement of judgments, and jurisdictional challenges require specialist expertise.
Sources
Same Question, Other Jurisdictions
Ireland
European Union
India
US-California
US-New York
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.