Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

Your Rights Under the Australian Consumer Law

The Australian Consumer Law (ACL) — contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) — is one of the strongest consumer protection frameworks in the world. These rights apply in every Australian state and territory, automatically, and cannot be contracted out of.

Enforce your ACL rights — letter of demand

Consumer guarantees — what you are entitled to

Goods must be of acceptable quality (s54 ACL)

Goods must be safe, durable, free from defects, and fit for all purposes for which that type of good is commonly supplied. “Acceptable quality” is assessed objectively — what would a reasonable consumer expect given the price, description, and nature of the goods.

Goods must match their description (s56 ACL)

If goods are sold by description (“waterproof,” “stainless steel,” “3-year warranty”), they must match that description. A seller cannot disclaim this guarantee in the fine print.

Services must be rendered with due care and skill (s60 ACL)

Any tradesperson, contractor, consultant, or professional providing a service in trade or commerce must exercise reasonable care and skill. This is an implied term in every consumer services contract — it does not need to be written in.

Services must be fit for a disclosed purpose (s61 ACL)

If you told the service provider what you needed the service to achieve, the service must achieve that result. A builder told you need a garage that fits two cars must deliver one that fits two cars.

Major failures vs minor failures — your remedies differ

Major failure — you choose the remedy

A failure is “major” if: you would not have bought the goods or service had you known about the defect; the goods are substantially unfit for their ordinary or disclosed purpose; the goods are unsafe; or the goods cannot be easily repaired to make them acceptable.

If there is a major failure, you can reject the goods and demand either a refund or replacement — the seller cannot insist on repair. For services, you can cancel the contract and recover the portion of the payment attributable to the failure.

Minor failure — seller chooses the remedy

For a minor failure, the seller can choose to repair, replace, or refund. But the repair must be carried out within a reasonable time, and the remedy offered must be genuine.

Consequential loss (s259(4) ACL)

In addition to a remedy for the failed goods or service, you can also claim compensation for any other loss you suffered as a reasonably foreseeable consequence of the failure. For example, the cost of emergency accommodation when a faulty heater failed in winter.

Consumer guarantees cannot be excluded

Any clause in a contract that purports to exclude or limit your ACL consumer guarantee rights is void under s64 ACL. “No refunds,” “sold as is,” and “all sales final” are unlawful if the goods or service fail to meet consumer guarantees.

How to enforce your ACL rights

1. Contact the seller in writing — cite s54 (or the relevant guarantee) and state the specific failure
2. Give a deadline for remedy — 14 days is reasonable for most consumer disputes
3. Send a formal letter of demand — if the seller refuses, a formal letter citing the ACL provision and threatening tribunal proceedings is the next step
4. File a tribunal application — QCAT (Queensland), VCAT (Victoria), NCAT (New South Wales), ACAT (Australian Capital Territory) or NTCAT (Northern Territory); in Western Australia, South Australia and Tasmania, the Magistrates Court

Consumer Guarantee Letter — $49