The before-and-after photos sold a result. The consultation set expectations. The clinic took your money. The result was not what was represented. This article covers the refund dispute — not a medical negligence claim, which requires specialist firms.
The legal context
Cosmetic procedures supplied to Australian consumers are services under the Australian Consumer Law (ACL). Three provisions matter:
- Section 18 prohibits misleading or deceptive conduct — including marketing that creates results that cannot reasonably be achieved.
- Section 60 requires services to be supplied with due care and skill.
- Section 61 requires services to be reasonably fit for the disclosed purpose.
The Medical Board of Australia (under AHPRA) and your state Health Complaints Commissioner regulate practitioner conduct, but the ACL drives refunds. AHPRA’s recent reforms to cosmetic practice advertising and consent requirements have only strengthened the consumer side.
Common pushbacks and why they fail
- “Photos are illustrative only.” Disclaimers do not cure misleading conduct under section 18.
- “You signed a consent form.” Consent does not waive ACL rights to a service supplied with due care and skill.
- “Results vary.” True, but a result that is materially worse than represented is recoverable.
- “Come back for a revision.” A revision is one option; refund or partial refund is another, and the choice is yours where the failure is major.
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. Where should we send it?
The Letter of Demand approach
The Letter of Demand identifies the procedure, the representations relied on, the result delivered, the ACL sections breached, and the refund claimed. It names AHPRA, your state Health Complaints Commissioner, and the relevant small claims tribunal as the escalation path.
What Claim Done delivers
- Procedure, date, practitioner and clinic details
- The representations made and the result delivered
- Citation of ACL sections 18, 60 and 61
- The refund or compensation claimed
- 14-day deadline with full escalation path named
- Sent as a PDF for a flat $49
What to expect after
Cosmetic clinics typically respond promptly because they are highly sensitive to AHPRA notifications and tribunal records. If they don’t, escalate to AHPRA and your state Health Complaints Commissioner, and file a small claims application in NCAT, VCAT, QCAT or equivalent. For clinical negligence as distinct from a refund, see a specialist medical negligence firm.
Send a formal Letter of Demand. Done in about 5 minutes.
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What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.