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Negotiating with the business and making a complaint

If there is a problem with goods or services that you bought, the first step is to contact the business and explain:

  • what the problem is, and

  • what you want them to do about it. For example, ask the business to repair a product, replace a faulty product, ask for a refund for a good or service or cancel a contract.  

You should put your complaint to them in writing and keep copies (receipts, emails, photos). For more information see Help writing a complaint letter to business tool on the ACCC website. 

Alert: If you get a court document called a statement of claim filed in a court saying you owe someone money for an unpaid bill, do not ignore it. Get legal advice.

Preparing for negotiation

Before you contact the business, gather your supporting documents like:

  • proof of purchase like a receipt, invoice, or bank statement

  • a clear description of the problem 

  • photos or videos of the problem, if it can be seen

  • warranty documents. 

If the issue is technical, you may want to get a report from an expert to support your complaint. An expert could be a specialist repair person.

Contacting the right business

It’s important to complain to the right business. This might be the shop you bought from (the supplier), or the company that made the product (the manufacturer).

Supplier  

Start with the business that sold you the goods or services. Suppliers generally can’t refuse to help unless the problem is about:

  • guarantees about repairs and spare parts, or

  • a written promise or warranty, from the manufacturer about fixing the item (you usually need to talk to the manufacturer about this). 

Manufacturer  

This is a person or business that makes the goods, puts them together, puts their name on them, or brings them into Australia to sell. They also must follow certain consumer rules. Manufacturers may also offer extra promises called warranties that they have to comply with. 

Couriers and delivery damage

If goods were damaged during delivery, contact the seller first. Some goods may be insured. You may also need to raise a separate complaint with the delivery company. 

Products and services bought together

Sometimes a purchase includes linked goods and services. Even if you return goods for a refund, you may be able to keep the linked service (or vice versa), depending on the situation. 

If the business is bankrupt or insolvent

If the business has closed because it can’t pay its debts, you may have fewer options. If a person, like an administrator or liquidator, has been put in charge to manage the business’s debts, contact them to ask what you can do next. You usually can’t start a case at the NSW Civil and Administrative Tribunal (NCAT) against a business that has closed because it can’t pay its debts. You should get legal advice. 

For more information see When a business goes bust on the ACCC website. 

Negotiating with the business

You can contact the business:

  • in person

  • by phone

  • in writing. 

Where possible, communicate in writing and keep records. If you speak by phone, write down what was said and who you spoke to. Stay calm, be polite, and be clear about the outcome you want. 

For more information about what you might be able to ask for, see Problems with the goods or service.

If you reach an agreement

Put any agreement in writing and include a reasonable timeframe for the business to comply. 

If you can’t reach an agreement there may be complaint options like an industry ombudsman or NSW Fair Trading

If you can’t resolve your dispute with a business, you may be able to lodge a complaint with:

  • a free complaints service for that industry, or

  • NSW Fair Trading, depending on the type of complaint.  

These complaints services can help sort out problems for free and are independent. NSW Fair Trading can help explain your rights and may set up a meeting or phone call to help you and the business reach an agreement. In some cases, NSW Fair Trading can send a written order to the business to fix the problem.

For more information, see Complain to NSW Fair Trading below.   

Complain to an industry ombudsman

There are different ombudsman services for different industries, for example the Energy and Water Ombudsman NSW and the Telecommunications Industry Ombudsman

Before you complain, first try the business’s own complaints steps.

Alert: Time limits may apply. Lodge your complaint as soon as possible. 

When you complain, provide:

  • a clear description of the problem

  • photos/documents (if relevant)

  • what you have already done to try to resolve the dispute.  

An ombudsman will usually tell you the result in writing. The result usually has to be followed by the service provider, but you do not have to accept it. If you’re unhappy with the result, there may be a way to ask them to look at it again. If you’re still unhappy, get legal advice. 

If you are not sure who to make a complaint to, see Complaints about a service

Complain to NSW Fair Trading

NSW Fair Trading handles many consumer disputes through informal dispute resolution. You may be able to lodge a complaint:

  • online

  • by phone 

  • by mail, or

  • via a Service NSW centre.

Before you complain, it helps to prepare:

  • proof of purchase 

  • a short summary of the problem (including key dates and steps taken)

  • the business’s details (name, address, and their business number if you have it)

  • the outcome you want. 

NSW Fair Trading may contact the business and try to help you both agree on a solution. NSW Fair Trading can’t always make the business respond, but in some goods disputes it may be able to send a written order telling the business to repair, replace or refund. 

For more information see Complaints and enquiries on NSW Fair Trading’s website. 

Handy hint: A business may still take legal action (for example, to recover an unpaid invoice) even if you have complained to NSW Fair Trading. Don’t ignore court documents – get legal advice. 

NSW Fair Trading consumer guarantee directions (goods only)

If your dispute is about goods (not services), NSW Fair Trading may send a written order telling a business to repair, replace or refund. 

You may be able to use this option if:

  • the complaint is about goods 

  • the goods cost $25 to $3,000 (excluding GST)

  • you and the business are in NSW, or if the business is a corporation they need to have a presence in Australia

  • you complained within six months of purchase and no agreement was reached

  • the problem is about an Australian consumer guarantee such as if the product: 

  • is of acceptable quality

  • is fit for purpose

  • fits the description

  • does not do what it’s supposed to do 

  • does not match the description, sample or demonstration model. 

A business must follow the consumer guarantee direction within 28 days or within the time given in the direction. If they don’t, you can apply to register the direction in the Local Court of NSW as a judgment and carry out enforcement action against the business. 

If either side disagrees with the order, they can apply to NCAT to review the consumer guarantee direction. 

For more information, see Consumer guarantee directions on the NSW Government website.  

 
Alert: NCAT has deadlines. For example, there may be a 28-day limit to apply NCAT to review the consumer guarantee direction. 

If you can’t resolve your dispute

If you still can’t reach an agreement and the issue is not resolved, you may be able to make a consumer claim at NCAT.

Alert: There are deadlines, so don’t wait too long.

For more information, see Making a consumer claim at NCAT. 

Last updated: June 2026 

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