You paid a deposit — usually $1,000 to $5,000 — on a car. The agreed delivery date came and went. The dealer stopped returning your calls, or worse, the entire dealership has gone quiet. Your money is sitting in their account and you have no car.
This is more common than the industry admits. Some dealers run cash-flow strategies that depend on holding deposits longer than they should. A few cross the line into outright misappropriation. Either way, the legal path is clear.
The first step: Letter of Demand
If you haven’t already sent one, start there. A Letter of Demand ($49) puts the dealer on formal notice that the deposit must be returned within a specific deadline, citing the contract and the consumer guarantees in the Australian Consumer Law.
The Final Demand: when the first letter is ignored
When a Letter of Demand has gone unanswered, the next step is a Final Demand. It’s structurally similar but with sharper teeth:
- References the prior demand letter and the missed deadline
- Sets a final, shorter deadline (typically 7 days)
- Names the specific tribunal application that will follow
- Notes that the dealer’s licensing authority will be put on notice (Fair Trading in New South Wales, CAV in Victoria, OFT in Queensland, Consumer Protection in Western Australia, etc.) if escalation is required
That last point matters. Australian motor dealers operate under state licensing schemes. A complaint to the licensing authority can trigger a license review. Most dealers prioritise resolving a Final Demand the moment they read it.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Why the dealer-licensing angle is powerful
Each state has a motor dealer licensing regime — the Motor Dealers and Repairers Act in New South Wales, the Motor Vehicle Dealers Act in Queensland, similar legislation across the country. Misappropriation of deposits is grounds for license suspension or cancellation. A dealer with a clean license has a lot to lose. A Final Demand that names the licensing authority is taken very seriously.
What Claim Done’s Final Demand covers
- Reference to your prior Letter of Demand and the date it was sent
- The deposit amount, payment method, and date
- The contract terms breached (delivery date, refund policy)
- The licensing authority that will be notified if no payment
- The tribunal jurisdiction that will be filed in
- Final deadline — typically 7 days
Flat $49 fee. Sent to the dealer.
If the dealer still doesn’t pay
Tribunal application — flat fee — gets the matter into your state’s civil tribunal where the recovery is enforceable.
Send a Final Demand. Last step before tribunal.
No card until the end. No subscription.
What happens when you send a Final Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Final Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Final Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=final-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Final Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Final Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Final Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Final Demand template doesn't?
It drafts the Final Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.