Gym Still Charging After You Cancelled? How to Get Your Money Back (Australia 2026)

Last updated 27 October 2026 · Reviewed by the Claim Done team · Not legal advice

Can you get your money back from a gym?

A gym membership is a contract for services. Under the Australian Consumer Law (ACL), every gym that sells memberships in trade must provide its services with due care and skill, fit for any purpose you told them about, and within a reasonable time (ss 60-62). Those rights cannot be signed away: a contract term is void to the extent it tries to exclude or limit them (s 64).

Your right to money back usually comes from one of four places:

• You cancelled properly and they kept charging. Money taken after your cancellation took effect is money the gym had no right to. You can demand it back, and your bank can stop the next debit.
• They charged a fee the contract does not allow. In WA, a gym must not charge any fee that was not disclosed in the agreement summary. In Queensland, the termination fee cannot be more than the maximum stated in your agreement. Everywhere, a cancellation penalty in a take-it-or-leave-it contract can be an unfair contract term, and an unfair term is void.
• The gym failed to deliver. If the gym closed, moved, cut the classes or equipment you joined for, or ran unsafe facilities, that can be a failure of the consumer guarantees. For a major failure you can cancel and recover a refund for the part of the service you have not used (ss 267(3), 269(3)).
• You were misled. A gym must not mislead you about price or about your rights (ss 18, 29). “No lock-in” that turns out to mean a 12-month lock-in is a common example.

What a gym cannot do: rely on a “no refunds” sign to take away your consumer guarantee rights (the ACCC says a business cannot do this), insist that only it can decide whether you have cancelled, or keep debiting you because a cancellation form was not the one it prefers when the law in your state lets you cancel by written notice.

What a gym usually can do: hold you to a minimum term you clearly agreed to, and charge a disclosed, reasonable exit fee or the fees for a short notice period. Those are not automatically refundable. The questions are whether the fee was disclosed, whether it reasonably reflects the gym’s loss, and whether the gym kept charging after the date the contract or the code says your cancellation took effect.

The most common problems with gyms

1. They kept debiting after you cancelled

The most common gym complaint. You sent written notice, and money kept coming out. What you can claim: every payment taken after your cancellation took effect, plus any dishonour or late fees caused by their error. In WA the gym must confirm your cancellation within 7 days and stop deductions once the last payment due is received (Fitness Industry Code of Practice 2021, cl 19).

2. “You have to cancel in person” or “use our form”

In WA the code says you can terminate “at any time by giving the supplier written notice”, and the contract must say how to cancel electronically. Consumer Protection WA says email is accepted and requiring in-person cancellation is prohibited. Elsewhere, a term that makes cancelling unreasonably hard can be an unfair contract term. What you can claim: fees charged after the date your written notice should have taken effect.

3. A large exit or “early termination” fee

What you can claim: the part of the fee that was never disclosed, or that does not reasonably reflect the gym’s actual loss. In WA a termination fee must reasonably reflect the supplier’s financial loss, and no termination fee applies to an ongoing membership cancelled after the initial term. In Queensland it cannot exceed the maximum written in your agreement.

4. Automatic rollover after the minimum term

Many memberships continue after the first 12 months until you cancel. In WA and Queensland, for ongoing agreements with a longer initial term, the gym must give you written notice at least 2 months before the initial term ends. If that notice never came, say so in your demand.

5. Price rise in the middle of your term

A term that lets one side raise the price without the other side being able to cancel is listed in the ACL as an example of a term that may be unfair (s 25(f)). What you can claim: the extra amount charged, or the right to cancel without an exit fee.

6. The gym closed, moved or cut what you paid for

If the gym stops providing the service, you are not getting what you paid for. What you can claim: a refund of prepaid fees for the unused period (s 269(3)) and an end to debits. In WA and the ACT the fitness codes also limit memberships that would run past the end of the gym’s lease.

7. Injury or illness means you cannot use the gym

WA, Queensland and the ACT give a specific right to cancel for permanent illness or physical incapacity with a medical certificate. In WA the gym may only charge unpaid fees for services already supplied. In Queensland and the ACT the refund of the unused part is due within 21 days (the Queensland Office of Fair Trading page says 14 days, but the regulation says 21). In other states, a contract that refuses to let a seriously ill or injured member cancel may contain an unfair term.

8. Personal training packs or class passes you never got to use

If the trainer left, sessions kept getting cancelled, or the class you bought disappeared, the gym has not supplied the service within a reasonable time. What you can claim: a refund for unused sessions.

9. You changed your mind in the cooling-off period

WA: 7 days, with only an administration fee and fees for services used. ACT: 7 days for memberships of 3 months or more, refund within 7 days. Queensland: 48 hours, with an administration fee capped at the lesser of $75 or 10% of the membership fee and a refund within 21 days.

10. You signed up after a phone sales call or a street pitch

If the gym called you or approached you away from its premises without an invitation and the price was over $100, the deal may be an unsolicited consumer agreement. You can end those within 10 business days by any oral or written notice (ACL ss 69, 82).

Gym rules by state: the fitness codes and the bank’s role

Western Australia: Fitness Industry Code of Practice 2021

Made under the Fair Trading Act 2010 (WA) and in force since 1 July 2021 (current version from 18 April 2024). Key rules for members:

• 7-day cooling-off (cl 3, cl 22).
• Cancel at any time by written notice; it takes effect no later than 30 days after the gym receives it (cl 18).
• The gym must reply within 7 days with your last payment and end date, then stop deductions, including through any third-party payment company (cl 19).
• Refund of the unused part of what you paid, within 7 days after termination takes effect (cl 21).
• No undisclosed fees (cl 20); no more than 12 months’ fees paid up front for long or ongoing memberships (cl 15).

Queensland: Fair Trading (Code of Practice—Fitness Industry) Regulation 2003

• 48-hour cooling-off; refund within 21 days, less an administration fee of no more than $75 or 10% of the membership fee, whichever is less.
• Permanent sickness or physical incapacity: cancel with a medical certificate; refund of the unused part within 21 days.
• Termination fee capped at the maximum stated in your agreement.
• No more than 1 year of fees paid up front on a longer membership.

Australian Capital Territory: Fitness Industry Code of Practice

• Approved under the Fair Trading (Australian Consumer Law) Act 1992 (instrument DI2026-2).
• 7-day cooling-off for memberships of 3 months or more; refund within 7 days.
• Permanent incapacity with a medical certificate: cancel, unused prepaid fees refunded within 21 days, and the gym must immediately ask its billing agency to stop deductions. Temporary incapacity of more than 10 days: you can ask to defer up to 3 months in any 12.
• Unresolved complaints can be referred in writing to the Commissioner for Fair Trading.

New South Wales, Victoria and the other states

If your gym is elsewhere, your rights come from the ACL consumer guarantees and the unfair contract terms rules. NSW once had a Fitness Services (Pre-paid Fees) Act, but it was repealed in August 2015, so ignore older articles that rely on it. The NSW Government’s fitness page says to cancel in writing so you can prove the date, and to contact your bank as well as the gym to make sure debits stop. Consumer Affairs Victoria has worked with gyms to remove terms that rolled memberships over with no chance to cancel and terms that penalised members for ending a membership.

Your bank: stopping the debits

The Banking Code of Practice (2025 version) separates two kinds of payment:

• Direct debit from your bank account (BSB and account number): “You can ask us to cancel your Direct Debit request and we will promptly process this” (para 152). You do not need the gym’s permission. You can also ask the bank to investigate an unauthorised direct debit (para 153) and to give you a list of your direct debits for up to 13 months (para 151).
• Recurring payment on a debit or credit card: the Code says cancellation must be done with the merchant (para 152). But if the gym keeps charging after you cancelled, you can dispute the charge with your bank within the card scheme time limit, and the bank will claim it back if it was incorrectly charged (paras 157-158). That is a chargeback.

Cancelling the debit stops future payments. It does not cancel your contract, and it does not get back money already taken. You still need to cancel with the gym in writing and demand any refund. If a bank refuses to help, the Australian Financial Complaints Authority (AFCA) is a free complaints service for banks that are members (1800 931 678).

What you can claim from a gym

• Payments taken after cancellation: every debit after the date your cancellation took effect under your contract or your state’s code.
• Undisclosed or unfair fees: exit fees, “admin” fees or rollover charges that were not disclosed, exceed the contract maximum, or are void as unfair terms.
• Unused prepaid fees: the part of an upfront payment covering time or sessions you could not use because the gym failed to supply them, or because you cancelled for permanent illness under a code.
• Losses caused by the gym’s error: bank dishonour fees and similar costs that were a reasonably foreseeable result of the wrongful debits (s 267(4)).

How to work out the amount: list every payment from your bank statement after your cancellation date, add any fee you dispute, then subtract anything you genuinely owe under the contract (for example, a notice period your contract clearly set out).

Example only, round numbers: you pay $25 a week. You emailed your cancellation on 1 March. Your contract says cancellation takes effect after a 2-week notice period, so payments to 15 March ($50) were owed. The gym kept debiting until 31 May and added a $99 “exit fee” that is not in your agreement. Your claim: about 11 weekly debits after 15 March ($275) plus the $99 fee, plus $20 in bank dishonour fees caused by the extra debits: $394.

Evidence to gather

1. Your membership agreement and the “key terms” or agreement summary, including any terms and conditions page you accepted online.
2. Your written cancellation: the email, app message or letter, with the date and time it was sent.
3. Any reply or confirmation from the gym, or proof there was none.
4. Bank or card statements showing every debit, highlighted after the cancellation date.
5. The direct debit request or the name of the payment company that takes the money.
6. Screenshots of the gym’s advertising if you were told “no lock-in”, “cancel anytime” or a different price.
7. A medical certificate, if you are cancelling because of illness or injury.
8. Notices about closures, relocation, reduced hours or removed classes.
9. Notes of phone calls and visits: date, time, who you spoke to, what was said.

How to get your money back: 5 steps

Step 1. Cancel and ask for the refund in writing

Email the gym (and its payment company, if there is one). Say you are cancelling, the date, and that no further debits are authorised. List the payments you want back and why, and give a short deadline, such as 5 business days. Keep a copy. At the same time, ask your bank to cancel the direct debit, or dispute card charges taken after you cancelled.

Step 2. No answer or a refusal: send a formal demand

If the gym ignores you, says you must come in, or refuses the refund, send our formal gym refund demand. It sets out your rights under the ACL and your state’s fitness code where one applies, the exact amount, and a 14-day deadline. It is also the kind of letter a tribunal expects to see before you file. If you only need to cancel a subscription that keeps charging you, our Cancel a Subscription or Membership letter ($29) is the lighter option; the general Letter of Demand ($49) suits any other unpaid debt.

Get your gym refund letter – $49

Step 3. Complain to Fair Trading in the gym’s state

Lodge a complaint with the consumer regulator where the gym operates and attach your demand letter and the gym’s reply. These services are free. They can contact the gym and try to settle it, but they cannot order a refund. Some will only help once you have written to the business first, which your letter shows. In the ACT, the fitness code also lets you refer an unresolved complaint to the Commissioner for Fair Trading. See the table below for each state’s regulator.

Step 4. Still unpaid: send a final demand

Quote your first letter, the gym’s response (or silence) and your Fair Trading reference number. A final demand tells the gym the next step is a tribunal or court claim.

Send the final demand – $49

Step 5. File a claim at the tribunal or court

A consumer claim against a gym goes to the tribunal or court in the state where the gym is. Most gym claims are small and fit the small-claims track. Filing fees are listed below. Our Hearing Bundle ($97, start here) puts your contract, cancellation emails and bank statements into a tidy, numbered bundle for the hearing.

Prepare your tribunal application – $97

In WA, SA and Tasmania this is a court claim in the Magistrates Court, and the same product prepares it.

Where your claim goes in each state

File in the state or territory where the gym operates. For the NSW and Victorian tribunals (NCAT and VCAT) there is one exception: if the gym is owned by an individual or sole trader who lives in another state, the tribunal cannot decide the claim and it must go to a court instead (Burns v Corbett [2018] HCA 15). QCAT in Queensland is a court of a State (Owen v Menzies [2012] QCA 170) and is not affected. Gyms run by companies are not affected.

In NSW, apply to NCAT within 3 years of when the problem began. In SA, send a Final Notice (or letter of demand) and wait 21 days before filing, or you may not recover your filing fee. A claim over $25,000 in the NT goes to the Local Court.

Consumer regulators (free complaints service):

For a bank that will not cancel a direct debit or process a dispute: Australian Financial Complaints Authority, 1800 931 678 (free call).

After you win: getting paid

A tribunal or court order tells the gym to pay by a date. If it does not, the order can be enforced. In most states you register or file the order with the court and enforce it like a court judgment: a garnishee order taking money from the business’s bank account or from money owed to it, seizure and sale of property, or an examination where the owner must answer questions about the business’s finances.

Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.

Enforce your order – $97

Enforce your order – $97

Questions people ask

Can a gym keep charging me after I cancel?

No, not past the date your cancellation takes effect. Your contract or your state’s fitness code sets that date. In WA it is no later than 30 days after the gym receives your written notice, and the gym must stop deductions once the last payment is made. Anything taken after that date should be refunded. Ask your bank to cancel the direct debit too.

Can my bank cancel my gym direct debit?

Yes, if it comes straight out of your bank account. Under the Banking Code of Practice, you can ask your bank to cancel a direct debit request and it will promptly process this. You do not need the gym’s agreement. Card recurring payments are different: cancel those with the gym, then dispute any later charge with your bank.

Does cancelling the direct debit cancel my gym membership?

No. Stopping the payment does not end the contract, and the gym may say you owe money. Always cancel with the gym in writing as well, keep proof of the date, and then ask the bank to stop the debit. If the gym then claims arrears you do not owe, dispute them in writing.

Do I have to cancel my gym membership in person?

Not in WA: the code lets you cancel by written notice at any time, and Consumer Protection WA says requiring in-person cancellation is prohibited. Elsewhere, check the contract, but send written notice regardless. A term that makes cancelling unreasonably hard can be an unfair contract term, which is void in a standard form contract.

Is a gym cancellation fee legal?

A disclosed, reasonable fee often is. In WA, a termination fee must reasonably reflect the gym’s financial loss and must be in the agreement summary, and none applies to an ongoing membership after the initial term. In Queensland the fee cannot exceed the maximum in your agreement. An oversized penalty can be challenged as an unfair term.

Can I cancel my gym membership because of an injury or illness?

In WA, Queensland and the ACT, yes, for a permanent illness or physical incapacity, with a medical certificate. You get back the unused part of what you paid, less limited fees. In other states it depends on your contract, but a term refusing to let a seriously ill or injured member cancel may be unfair.

Is there a cooling-off period for gym memberships?

In WA it is 7 days. In the ACT it is 7 days for memberships of 3 months or more. In Queensland it is 48 hours. Elsewhere, check your contract. If a salesperson called you or approached you away from the gym, the 10-business-day unsolicited agreement rules may also apply.

My gym closed down. Can I get my money back?

If you paid in advance, you can claim a refund for the time you could not use, because the service was not supplied. If the business is insolvent, recovery may be harder. Stop the debits through your bank straight away, then send a written demand. Our Gym Cancellation and Refund Demand covers closures as well as wrongful debits: claimdone.com.au/services/gym-cancellation-refund/.

What do I do if the gym ignores my emails?

Send a formal demand with a 14-day deadline, then complain to Fair Trading in the gym’s state. Our Gym Cancellation and Refund Demand ($49) sets out the law, the amount and the deadline, and becomes evidence if you need to file a tribunal claim later. Start at claimdone.com.au/begin/?service=gym-cancellation-refund.

Can the gym send my unpaid fees to a debt collector?

It can try if it says you owe money. If you cancelled properly and owe nothing, dispute the debt in writing straight away, attach your cancellation and say the amount is not owed. Keep copies of everything. Like any business, a debt collector must not engage in misleading conduct (ACL s 18).

How long do I have to claim a refund from a gym?

Act quickly, but you usually have years, not weeks. NCAT in NSW requires you to apply within 3 years of when the problem began, and VCAT says to generally apply within six years. Card chargebacks have much shorter limits set by the card scheme, so dispute card charges with your bank as soon as possible.

Is it worth going to the tribunal for a few hundred dollars?

It can be. Filing fees for small claims start at $64 in NSW and $67.40 in Victoria, and tribunals are designed for people without lawyers. Weigh the fee and your time against the amount. A formal demand first costs less and shows the gym you are prepared to file.

Sources

• Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), ss 18, 23-27, 29, 60-64, 69, 82, 267-269
• Fair Trading (Fitness Industry Code of Practice) Regulations 2020 (WA)
• Consumer Protection WA: WA’s fitness code
• Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 (Qld)
• Queensland Office of Fair Trading: End your gym membership
• ACT Fitness Industry Code of Practice (DI2026-2)
• NSW Government: Fitness and gyms
• Fitness Services (Pre-paid Fees) Act 2000 (NSW), repealed 3 August 2015
• Consumer Affairs Victoria: Health and fitness centres, unfair contract terms
• Banking Code of Practice 2025, paras 150-153, 157-158
• ACCC: Consumer rights and guarantees
• AFCA: Make a complaint
• Tribunal and court pages listed in the table above

Checked 19 October 2026 by the Claim Done legal content team.

Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.