You handed over a phone with a cracked screen. You got back a phone with a screen that ghosts, a camera that doesn’t focus, Face ID that no longer works, a battery that’s suddenly at 60% health, or a “waterproof” phone that’s not anymore. When you went back, the repairer said “it was like that” or “that’s a different problem” and quoted you again. Or the shop’s shutter is down and the phone number rings out.
A repair that makes your phone worse is not a repair. Under Australian law, the repairer is liable for the damage they cause, and for the work they charged you for that didn’t work.
Your rights
- Due care and skill (s 60 ACL). Repair is a service, and it must be performed with due care and skill. Damaging other components, using parts that disable features, or failing to reseal a water-resistant device are breaches.
- Fit for purpose (s 61 ACL). If you told them what you needed (a working phone), and the result isn’t that, the service fails the purpose guarantee.
- Parts must be of acceptable quality (s 54 ACL). A replacement screen that fails within weeks, or a battery that swells, is a goods guarantee failure.
- Remedies (ss 267–268 ACL). For a fixable problem, they must fix it free. For a major failure (phone worse than before, unfixable, or unsafe), you’re entitled to a refund plus compensation for consequential loss: the cost of a proper repair elsewhere, or the reduction in the phone’s value.
- Bailment. While they hold your phone, they must take reasonable care of it. If it’s lost, stolen from the shop, or damaged in their custody, the onus is on them to prove they weren’t at fault.
- Misleading claims (s 18 ACL). “Genuine parts” that aren’t, “lifetime warranty” that isn’t honoured, or “won’t affect your manufacturer warranty” when it does.
- Repairer’s lien. They can hold your phone for payment of authorised work. They cannot hold it over disputed charges or a repair that failed. Pay under protest in writing if you must, then claim it back.
What to do right now
- Document the “after” state immediately. Video the faults: touch not registering, camera issues, Face ID failing, battery health screen. Note the date and time of collection.
- Find your “before” evidence. Photos of the phone before the repair, the repairer’s own intake notes or receipt describing the fault (which shows the other features were working), any screenshots showing battery health before.
- Get an independent assessment. An authorised service provider (Apple, Samsung, or a reputable independent) can inspect and put in writing what’s been damaged and whether non-genuine or improperly installed parts are the cause. Get a quote to fix properly.
- Go back once, in writing. Email or message the repairer with the video, cite s 60 ACL, and ask them to rectify within 7 days or refund plus cover the proper repair.
- Send a Letter of Demand. If they refuse or deflect, a formal letter with the assessment and quotes, the ACL provisions, and a 14-day deadline before fair trading and tribunal action. Small repair shops rarely want a fair trading file.
- Chargeback and escalate. If you paid by card, “services not as described” is a valid chargeback. Then fair trading, then the tribunal for amounts they won’t pay.
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The usual failures after a cheap screen repair
Knowing what commonly goes wrong helps you describe the fault precisely, which matters both to the repairer and at the tribunal:
- Touch ghosting or dead zones. Usually a low-grade aftermarket digitiser or a poorly seated connector. The repairer’s problem.
- Face ID / Touch ID stopped working. Often the flex cable or sensor was damaged during disassembly, or a non-genuine screen has disabled the feature. Either way, it worked before and doesn’t now.
- True Tone / auto-brightness gone. A non-genuine display typically loses these. If you weren’t told, that’s a failure to disclose a material fact and possibly misleading conduct.
- Battery health dropped sharply. Batteries can be damaged by heat or puncture during screen removal. A swollen battery is a safety issue: stop using the phone.
- Water resistance lost. The seal must be replaced on reassembly. If it wasn’t and your phone died in the rain a week later, the repairer is liable for the phone.
- Screen lifting or gaps. Adhesive not applied properly. Dust and moisture get in; the screen may detach.
Manufacturer warranty. A third-party repair can void the manufacturer’s warranty for the repaired component, but not for unrelated faults. If the repairer told you it wouldn’t affect your warranty and it did, that’s a further misleading-conduct claim.
Valuing the claim. Refund of the repair fee, plus the authorised service quote to fix what they damaged, plus (if the phone is now beyond economic repair) the phone’s second-hand market value before the repair. For a recent flagship, that’s several hundred to over a thousand dollars, which is why the tribunal route is worth it.
Kiosks and pop-ups. Harder to chase, but the operator is usually a registered business. Get the ABN from the receipt or the shopping centre’s tenancy list. The centre’s management can also lean on them.
Who to complain to
State fair trading / consumer affairs (NSW Fair Trading, Consumer Affairs Victoria, Queensland OFT, Consumer Protection WA, CBS SA). ACCC for misleading “genuine parts” or warranty claims. Your bank for chargeback. If the shop is in a shopping centre, centre management often has leverage. Money claims go to your state’s civil tribunal (in WA, SA and Tasmania, the Magistrates Court). If the phone was lost or stolen while in their custody, a police report may be required by your insurer.
Start your claim — $49
Stop reading. Start doing. Claim Done drafts your Letter of Demand in about 5 minutes for $49. Tell us what happened — we handle the legal language.
You approve it before anything is sent.
What happens when you send a Consumer Guarantee Letter
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Consumer Guarantee Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Consumer Guarantee Letter from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=consumer-guarantee. Claim Done is not a law firm and does not give legal advice.
How much does a Consumer Guarantee Letter 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. It covers every Australian state and territory.
Do I need a lawyer to send a Consumer Guarantee Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Consumer Guarantee Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.