You paid a tradesman. Maybe a deposit, maybe the lot. The work is unfinished, defective, or they’ve stopped answering the phone entirely. Now you’re searching “get money back from tradesman”. You’re in a common consumer dispute, and it pays to follow the right steps in the right order.
The law is heavily on your side
- Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010). Services must be provided with due care and skill, be fit for purpose and be completed within a reasonable time (sections 60 to 62). A major failure entitles you to a refund or compensation for the cost of having someone else fix or finish the work.
- State building legislation. The Home Building Act 1989 (New South Wales), Domestic Building Contracts Act 1995 (Victoria), QBCC Act 1991 (Queensland), Home Building Contracts Act 1991 (Western Australia) and equivalents impose statutory warranties on residential building work, cap deposits (commonly 5 to 10 per cent), and require written contracts above set thresholds.
- Contract law. Whatever was agreed, verbally or in writing, is enforceable. Abandoning a job is repudiation, which lets you terminate and claim damages.
- Licensing. If the tradie is unlicensed for work that requires a licence, they may be unable to enforce payment at all, and you can report them to the state regulator.
Step by step
- Document everything now. Photos of the work, the quote, invoices, receipts, texts and emails. Get a written quote from another tradesperson for the cost to rectify or complete.
- Send a formal letter of demand. Not a text. A dated letter that sets out what was paid, what was promised, what was delivered, the specific ACL and state provisions breached, the amount you are claiming (refund, or the rectification cost), a 14-day deadline and the tribunal you will file in.
- Complain to the regulator (NSW Fair Trading, Consumer Affairs Victoria, QBCC, Building and Energy Western Australia, Consumer and Business Services SA). Some offer free conciliation and can pressure licensed tradies.
- Lodge a tribunal claim if the deadline passes: NCAT, VCAT, QCAT or your state’s Magistrates Court minor claims. Filing fees are modest and lawyers are usually not required.
- Check for insurance. If the builder has died, disappeared or become insolvent, home warranty insurance (where applicable) may cover you.
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)
What if they’re also chasing you for the balance?
It’s common for a tradie who has done defective or incomplete work to send a final invoice, or even a demand, at the same time you are trying to get money back. Don’t pay under pressure. Respond in writing, set off the cost of rectification against any balance claimed, and make clear that your letter of demand stands. If they lodge a payment claim under a security of payment Act, you must respond with a payment schedule within the statutory time limit (often 10 business days) or you can lose the right to dispute the amount.
Why a template letter doesn’t cut it
Tradie disputes turn on which law applies: a $2,000 fencing job in Victoria, a $30,000 renovation in Queensland and a $900 plumbing callout in Perth are governed by different statutes with different thresholds, warranty periods and tribunal routes. A generic “demand for refund” template cites none of them. The tradie’s response is usually silence. A letter that names the Home Building Act section they’ve breached and the QCAT or NCAT claim you’re about to file gets a phone call.
DIY vs Claim Done vs lawyer
| Option | Cost | Cites ACL and your state’s building law? | Turnaround |
|---|---|---|---|
| Free template | $0 | No | Immediate |
| Claim Done | $49 flat | Yes: drafted for your state, your trade and your dollar amount | About 5 minutes |
Get your money back. Letter of demand to the tradesman for $49, or a tribunal application for $97 if they ignore it. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Notice to Remedy Breach
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Notice to Remedy Breach drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Notice to Remedy Breach 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=notice-to-remedy-breach. Claim Done is not a law firm and does not give legal advice.
How much does a Notice to Remedy Breach 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 Notice to Remedy Breach in Australia?
No. There is no legal requirement to use a solicitor to write or send a Notice to Remedy Breach; 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 Notice to Remedy Breach template doesn't?
It drafts the Notice to Remedy Breach 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.