Australia Consumer Guarantee Demand — Refund, Replacement or Repair (ACL)
First-person self-help demand to a supplier under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2). Cites the consumer guarantees (acceptable quality s 54, fitness for purpose s 55, description s 56; services s 60–s 61) and the remedy framework (s 259; major failure s 260 — where a failure is major the consumer chooses a refund or replacement). You complete and send it yourself. Escalation: state/territory consumer protection agency + tribunal (NCAT/VCAT/QCAT) or small claims; ACCC report.
Statute of Limitations Warning
Legal deadlines apply to your claim. You lose your right to act if you wait too long. Send notice as soon as possible.
Why this letter works:
- Cites the exact law: Automatically applies the correct state and federal statutes to your situation.
- Sets a firm deadline: Legally compels a response within the required statutory timeframe.
- Creates a paper trail: Designed to serve as Exhibit A if you need to escalate to an agency or court.
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Your Action Plan
This letter is part of a formal escalation process.
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Your purchase and the problem
The Australian Consumer Law (ACL) gives you automatic consumer guarantees on most goods and services. Where a failure is MAJOR, you — not the business — choose between a refund and a replacement (ACL s 259, s 260). For a minor problem the business may instead repair it within a reasonable time. This letter states your position; you decide which remedy to ask for.
This letter will cite
Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2) — consumer guarantees s 54–s 56, s 60–s 61; remedies s 259; major failure s 260.
If the business does not respond, escalate to your state/territory consumer protection agency and tribunal (e.g. NCAT, VCAT, QCAT) — designed for self-represented consumers.
State the facts plainly — when the problem appeared, what the fault is, and any contact you have already had with the business.
Before you start
What exactly do I get, and when?
A personalized PDF letter, written around the statute that applies to your situation, with the deadline and the consequence spelled out. It downloads the moment payment confirms, back here on commoner-law.com — there is no waiting period and no account to create.
How much is it?
$19, once. Not a subscription, and nothing is charged until you complete payment on Stripe at the end of the wizard. Any add-ons you select show their own price before you pay.
Is this legal advice?
Self-help template; not legal advice and we are not a law firm. Consumer guarantees apply automatically under the Australian Consumer Law and cannot be excluded by a contract term or store policy.
What if I need to change something afterwards?
Tell us and we will either adjust the letter and send you the updated version at no cost, or refund you in full — your choice. If we can’t deliver what you paid for, the refund is automatic. Full terms are on our promise page.
Do I have to pay to know if I have a case?
No. The rights encyclopedia on this site is free and cites the same primary sources the letter does. Read the relevant guide first — plenty of situations are resolved by a phone call to a free statutory body, and where one exists we say so.