AustraliaI was injured by a product but there's no Australian importer or manufacturer. Who do I sue?
If there’s no Australian importer or manufacturer, you may sue the Australian distributor, retailer, or any person who supplied the product in trade or commerce — provided they are based in Australia and the product was supplied here.
What the Law Says
The Australian Consumer Law (ACL) provides rights for consumers injured by defective products, even when no Australian manufacturer or importer exists.
Under the ACL, liability for injury caused by a defective product extends beyond just the manufacturer. If there is no Australian importer or manufacturer, you may bring a claim against any person who supplied the product in trade or commerce in Australia — such as a retailer, distributor, or online seller operating here.
The law applies regardless of whether the supplier knew about the defect. This is called strict liability: you do not need to prove negligence — only that the product was defective, the defect caused your injury, and the supplier was involved in its supply in Australia.
The ACL is part of the Competition and Consumer Act 2010 (Cth), and applies uniformly across all Australian states and territories.
Statutory TextA person who supplies goods in trade or commerce is liable for loss or damage suffered by a person injured by a safety defect in the goods.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 271 — Liability of suppliers for safety defects
Statutory TextA safety defect exists if the goods are not as safe as a person is generally entitled to expect having regard to all relevant circumstances.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 9 — Meaning of safety defect
What to Do
Identify who supplied the product in Australia (e.g., retailer, online marketplace, distributor)
Gather evidence: purchase receipt, photos of the product and injury, medical reports
Send a written complaint to the supplier outlining the injury and requesting compensation
If unresolved, lodge a claim in your state or territory’s civil tribunal (e.g., NCAT, VCAT) or court — claims under $100,000 usually start in a tribunal
Act within 6 years from when the injury occurred or when you became aware of it
Sources
Not 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.