Consumer law

​Consumer claims

You have three years to make an application to the NSW Civil and Administrative Tribunal (NCAT) from when the cause of action occurred.

The cause of action is the event that you are complaining about. The cause of action may happen when the goods or services were supplied or meant to be supplied, or it might be later when you found out about a problem with the goods or services.

The application must also be made within a maximum of 10 years of the goods and services being supplied. These time limits apply together, and you must be within both time limits to apply to NCAT. For example, if it is more than three years since the cause of action you will not be able to apply to NCAT, even if it is less than 10 years since the goods or services were supplied.

​Application to set aside or vary

​In the Consumer and Commercial Division of NCAT, you have seven days from when an order was made to apply for it to be set aside or varied.

An order may be set aside or varied if:

• you and the other party agree, or
• a decision was made without you or the other party being present

It may be possible to get an extension of this time, but you should get legal advice about your circumstances.

Reinstatement application

If you have made an application in the Consumer and Commercial division of NCAT, and your matter was dismissed because you missed a hearing date, you have seven days from the date of dismissal to apply to have the proceedings reinstated, if you have a reasonable excuse for not attending. It may be possible to get an extension of this time, but you should get legal advice about your circumstances.

Renewal of proceedings

​If a work order has been made by NCAT and it has not been complied with, a renewal application must be made by the time specified in the orders. If no time was specified, then the application should be made within 12 months of the date the work was meant to be completed. 

​Appeal a decision of NCAT

​A decision of NCAT can be appealed to the NCAT Appeal Panel. You have 28 days from when you were:

• notified of the decision of NCAT, or
• given reasons, either orally or in writing

whichever came later, to file an internal appeal. 

You can cappeal the decision of the NCAT appeal panel within 28 days to the Supreme Court of New South Wales on a question of law.

To register an NCAT order as a Local Court judgment

NCAT can't enforce its own decisions. NCAT orders for the payment of money may be registered with the Local Court for enforcement. Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgment debt.

You have six years to make a civil claim in the Local Court.

Once you have obtained a judgment from the Court, you have 12 years from the date of judgment to enforce it. 

Consumer guarantee direction

​The length of time of the notice period depends on the type of consumer complaint. It is usually 28 days of the supplier being notified. If it is a different timeframe, it will be outlined on the consumer guarantee direction.

Re-determination of consumer guarantee direction

​NCAT re-determinations of consumer guarantee directions - you must apply to NCAT within 28 days of when the supplier was notified of the consumer guarantee direction.

If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.

​​Complaint about VET-FEE HELP or VET Student Loans

​You have three years to contact the Commonwealth Ombudsman to make a complaint about your VET-FEE HELP or VET Student Loans debt. If it was not possible for you to apply within the first three years after you did or were to do the unit or course, the Ombudsman may still accept an application.

Appeal a decision of NSW Fair Trading to list you on the exclusion register

​You must lodge an appeal with NSW Fair Trading within 28 days of being notified of their decision to list you on the exclusion register.

You may be able to commence proceedings in the NSW Local Court for certain consumer disputes such as:

• you purchased goods or services in a private sale, and therefore cannot use consumer guarantees under the ACL. You may still be able to lodge in the NSW Local Court
• where there is a federal jurisdiction problem, for example where there are residents of different states.

Orders from NCAT can be registered in the NSW Local Court for enforcement action. 

Adopts the Australian Consumer Law in NSW and gives jurisdiction to the NSW Civil and Administrative Tribunal (NCAT) to deal with consumer claims in NSW. 

General consumer claims of up to $100,000 can be heard in the Consumer and Commercial Division of NCAT.

A mandatory code of conduct that applies to all participants in the short-term rental accommodation industry, including:

• booking platforms such as Stayz
• hosts
• guests
• letting agents.

The code of conduct sets out minimum standards of behaviour and requirements of all participants, as well as disciplinary measures available to NSW Fair Trading.

​When NCAT may not determine certain applications because the Constitution does not allow it. For example, if one party is a permanent resident in NSW and the other party is a resident of a different state, NCAT will not be able to determine the matter. 

There is no federal jurisdiction problem if one of the parties is:

• a resident of a territory
• a non-permanent resident of a different state
• living overseas
• a corporation
• a government agency.

A commercial arrangement for the rental of the whole or part of a private property from the owner, including through a booking platform such as Airbnb or Stayz, for less than three months. 

Short-term rental accommodation can include holiday rentals, accommodation used for business travel and emergency accommodation but does not include hotels, motels, and bed and breakfast accommodation.

Fees at NCAT

If you can't afford to pay the fee, you can apply for an exemption, reduction or waiver. For more information, see Reduced fees and fee waivers on the NCAT website.

Fees for using the PPSR

• Less than $10,000 - you will usually have to pay your own legal costs, as cost orders are only made in special circumstances.
• $10,000 - $30,000 - NCAT may make a costs order if one party has been unreasonably disadvantaged by the other party, for example, if a direction or order has not been complied with.
• Over $30,000 - NCAT has broader powers to make cost orders.

• You can claim your lawyer's costs if you are successful in legal proceedings.
• If you are unsuccessful, the Court may make a costs order against you.
• Legal costs in the Small Claims Division of the Local Court are capped, which means you can only recover a small portion from the other party if you are successful.