When a product breaks or a service is not delivered, most disputes are settled with a phone call or a letter. Some are not. If a business will not fix the problem, a state tribunal can be a cheaper option than a court. Tribunals are set up so that most people can run their own case.
Each state and territory runs its own system and the rules differ. This guide looks at two of the largest, the NSW Civil and Administrative Tribunal and the Victorian Civil and Administrative Tribunal. Check the tribunal in your own state for its current rules.
What a tribunal can deal with
Consumer claims at NCAT are handled by its Consumer and Commercial Division. The NCAT consumer claims page lists the orders it can make. These include payment of money and fixing or replacing faulty goods. It can also order services to be supplied, goods to be delivered or a refund with the goods returned.
VCAT lists a wide range of goods and services disputes. These include faulty or poor quality products, refunds and breach of contract. It also covers misleading or deceptive conduct and other breaches of the Australian Consumer Law. VCAT says it does not deal with companies that are deregistered or in liquidation.
NCAT has a cap on the value of consumer claims it can hear. VCAT’s goods and services page does not state a cap. Caps and fee bands change from time to time. Check the current figure on the tribunal’s own page before you apply.
Time limits to watch
Time limits apply and they are not the same in each state. Legal Aid NSW says an NCAT consumer claim must be made within three years of when you first became aware of the problem. The goods or services must also have been supplied within the last 10 years. Waiting too long can stop a claim before it starts.
VCAT says that generally you should apply within six years of the dispute. Some claims have much shorter limits. VCAT gives the example of cancelling the sale of a car bought for less than $40,000. That claim must be made within three months of the purchase date.
Getting ready before you apply
Good evidence makes a real difference. NCAT suggests gathering the original purchase agreement or invoice, warranties, receipts and quotes. Photos and witness statements can also help. Keep the originals and attach copies to your application.
Naming the business correctly matters more than many people expect. NCAT says to use the correct legal name and address of the other party. It warns that incorrect details can cause delays or orders that cannot be enforced. For a business or company, NCAT asks you to attach an ASIC register search.
VCAT has a similar rule. It needs an ASIC extract when your dispute is with a company or business and says it cannot progress the application without it. VCAT also says not to use the free ASIC summary document. If you are unsure who you contracted with, check any document you signed on someone else’s behalf or that was signed for you.
A little preparation saves time once the case is underway. It also helps you explain the problem clearly at conciliation. The steps below are a sensible starting point:
- write a short timeline of what you bought and what went wrong
- collect receipts, contracts, photos and messages
- confirm the business’s legal name with an ASIC search
- decide exactly what you want the tribunal to order
Lodging the application
Both tribunals accept applications online. Legal Aid NSW says you need to create an NSW Online Registry account to apply to NCAT online. VCAT uses a system called myVCAT. Paper forms are also available.
Fees apply and they vary. NCAT says concession card holders are eligible for a reduced fee. VCAT sets its fees by claim size, with a band for claims up to $15,000 and a higher band above that. VCAT also lets people facing financial hardship apply for fee relief.
What happens after you apply
At NCAT, consumer claims are first listed for conciliation and hearing. Conciliation gives both sides a chance to agree on an outcome. If the case is not resolved at the first hearing, it may be listed for a contested hearing on a later date. NCAT recommends reading its hearing checklist beforehand.
VCAT cases can take longer. Its page gave an estimated wait of about 52 weeks from application to mediation or hearing. A VCAT member may hold a directions hearing to set deadlines and decide the next step. That can include mediation, a compulsory conference or a hearing.
Do you need a lawyer?
NCAT says most people represent themselves. VCAT says that for goods and services claims under $15,000 it generally does not allow a lawyer to speak for you. Neither tribunal can give legal advice. VCAT lists Consumer Affairs Victoria and the Consumer Action Law Centre as places to get help. NCAT points people to free or low cost legal advice.
Bigger or more involved disputes are different. A lawyer can tell you if you should sue in a court instead and what that would involve. Some matters may also call for a solicitor or a barrister. Ask early about legal costs, because in small claims the cost of advice can outweigh the amount at stake.
For official detail, see the NCAT consumer claims page and the VCAT goods and services application page. Other states and territories have their own tribunals or courts for consumer claims. Their limits, fees and time frames differ.
Frequently asked questions
Do I have to complain to the business first?
The NCAT and VCAT pages do not say this is required. Contacting the business first is still a sensible step and often settles the matter. A written complaint also gives you a record for later.
How long do I have to make a claim?
It depends on the state. NCAT consumer claims must be made within three years of when you first became aware of the problem. VCAT says to generally apply within six years, with shorter limits for some claims.
What can the tribunal order?
NCAT can order payment of money, repair or replacement of faulty goods and supply of services. It can also order delivery of goods or a refund with the goods returned. VCAT can make final orders deciding the dispute.
This article is general information only and is not legal advice. Laws and processes differ between states and territories and they change over time. For advice about your own situation, speak with a qualified lawyer.