Consumer Claims Wollongong
Get Help From Our Wollongong Consumer Rights Lawyers
We understand how frustrating it is to spend your hard-earned money on a new product or service only to be dissatisfied with what you receive. If you are a consumer with a grievance or complaint regarding your dealings with a business, you may have a claim against the supplier and/or manufacturer. We can help you investigate your legal rights and remedies in these circumstances.
The Australian Consumer Law provides a set of consumer guarantees that apply whenever goods are supplied to “consumers,” which state that:
- Issuing a letter of demand to the debtor
- Making contact with the debtor and negotiating payment
- Where necessary commencing proceedings
- Where settlement of the debt is not possible, we obtain Judgment against the debtor
- Enforcement of the Judgment
Once a breach is established, the available remedy depends on whether the breach is considered a major failure.
In NSW, the NSW Civil and Administrative Tribunal (NCAT) handles consumer claims involving disputes over goods or services valued up to $100,000. To learn more about consumer claims at NCAT including remedies available to you, refer to the NCAT website.
It is important to note that there is no automatic right to legal representation in NCAT. An application must be made to the Tribunal to seek leave for representation. In cases involving claims or disputes exceeding $30,000 or complex legal or factual issues, the Tribunal’s guidelines generally allow representation.
We have successfully represented clients in NCAT for various matters, including claims for repair and compensation for new motor vehicles damaged during transit from the factory. With the assistance of collision safety consultants, we can guide you through the process.
For more information about your consumer rights,
contact us today.
The sooner you seek legal advice for a consumer rights issue, the better your chances of securing a fair resolution. Take action now and let our solicitors help you pursue the remedy you deserve.
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Consumer Rights FAQs
What are my consumer rights?
The Australian Consumer Law, which is set out in Schedule 2 of the Competition and Consumer Act 2010, provides automatic protections to ensure that purchased products or services function as intended. If a business sells a faulty product or service that does not meet consumer guarantees, they must offer a solution such as a repair, replacement, or refund.
Whether you are entitled to a refund depends on the severity of the issue:
- Minor problems: You must give the business an opportunity to fix the issue within a reasonable time.
- Major problems: If the issue is significant or cannot be easily repaired, you can terminate the contract and request a full refund.
What are my options if my consumer rights have been breached and the business has refused to solve the problem or provide a refund?
You can first contact NSW Fair Trading, which may assist in resolving the dispute between you and the business. If you are dissatisfied with the outcome, you can escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). NCAT can hear consumer claims up to $100,000 and has the authority to order refunds, product replacements, or monetary compensation.
What is the difference between the Small Claims and General Divisions of the Local Court?
The NSW Local Court handles civil disputes for claims up to $100,000, divided into two divisions:
- Small Claims Division – Handles claims up to $20,000. Cases are first scheduled for a pre-trial review to encourage resolution without a hearing. If a hearing is needed, evidence is provided through written statements rather than live witness testimony. Legal costs recoverable in this division are capped based on regulated fees.
- General Division – Handles claims over $20,000 and up to $100,000. If the claim goes to hearing, witness testimony may be required. The court has greater discretion to award legal costs to the successful party compared to the Small Claims Division.
