You presented a gift card. The restaurant said it expired, refused to accept it, applied surprise restrictions, or said the card was no longer valid because of an ownership or branding change. None of that is automatically the end of your right to use it.
The legal context
Since 1 November 2019, most gift cards sold to consumers in Australia must, under amendments to the Australian Consumer Law:
- Be valid for a minimum of three years from the date of supply
- Display the expiry date clearly
- Not have post-supply fees (with limited exceptions)
Section 18 of the ACL also catches misleading conduct around card terms, and the venue’s general consumer guarantees apply to the dining service itself.
Common pushbacks and why they fail
- “The card is older than three years.” If sold after 1 November 2019, the three-year minimum applies regardless.
- “New management doesn’t honour old cards.” A change of ownership generally does not extinguish a gift card liability that transferred with the business.
- “You need to use it on a weekday only.” Restrictions imposed after sale that were not disclosed are challengeable.
- “It’s a promotional card, different rules.” Promotional cards are exempt only in narrow circumstances and venues frequently misclassify normal cards.
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)
The Letter of Demand approach
The Letter of Demand sets out the card details, the ACL provisions on minimum expiry, the refusal, and the remedy claimed (honour the card or refund the face value). It names state Fair Trading and your state tribunal as the escalation path.
What Claim Done delivers
- Gift card details, purchase date and face value
- The venue’s refusal
- Citation of the ACL gift card provisions and section 18
- Demand to honour the card or refund the value
- 14-day deadline with named escalation
- Sent as a PDF for a flat $49
What to expect after
If not, escalate to your state Fair Trading body and file a small claim. The amounts are usually modest but the principle — and the public-record outcome — matters.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand 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=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand 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 Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; 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 Letter of Demand template doesn't?
It drafts the Letter of Demand 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.