Who should lodge an Australia Post insurance claim — the buyer or the seller?

The seller is the contracting party who posted the item and therefore has the primary legal standing to claim. Australia Post provides a default compensation limit of $100 under the Australian Postal Corporation Act 1989. However, this does not limit your rights under the Australian Consumer Law if the loss was due to Australia Post's own negligence (such as internal theft).

What is the Australian Consumer Law (ACL)?

The Australian Consumer Law is a national law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). It protects consumers across Australia against unfair business practices, misleading or deceptive conduct, unconscionable conduct, and unfair contract terms, while automatically guaranteeing that goods and services meet acceptable standards.

When does a standard business contract contain 'unfair terms'?

Under the ACL (ss 23-28), a term in a standard form consumer or small business contract is unfair and void if it causes a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect the business's legitimate interests, and would cause detriment to a party if relied upon.

How do I dispute a refund or service issue on the Gold Coast?

You should first write a formal demand letter to the business specifying your ACL rights. If unresolved, you can lodge a complaint with Queensland Office of Fair Trading (13 74 68) for investigation and conciliation, or apply to the Queensland Civil and Administrative Tribunal (QCAT) for minor civil disputes up to $25,000.

Can a business refuse to give a refund and only offer a store credit?

No, not if the product or service suffers from a 'major failure' under the ACL. If there is a major failure (e.g. the service is completely cancelled by the provider, or a product is unsafe or broken), you have the absolute right to choose between a full cash refund, replacement, or repair. A business cannot force you to accept store credit in these circumstances.

Consumer Law FAQs: Gold Coast & Queensland

Q: What are my rights if a travel company cancels my tour and keeps my money?

Under the Australian Consumer Law (ACL), if the travel provider cancels the tour (rather than you), it constitutes a major failure of consumer guarantees under ss 60-62. You are entitled to a full cash refund under s 259(3), not merely a credit voucher, regardless of contract terms. Standard form clauses allowing deductions for 'supplier charges' without providing a breakdown may also be void as unfair contract terms.

Experienced consumer law answers for Gold Coast residents and businesses. From travel booking cancellations and refund rights to stolen parcels and Australia Post claims: Bell & Senior Lawyers explain your rights under the Australian Consumer Law.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Consumer Rights

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Purchasing goods at an auction in Queensland is generally conducted on an ‘as is, where is’ basis. Under the Australian Consumer Law, standard consumer guarantees (such as fitness for purpose or acceptable quality) do not apply to traditional auction sales, limiting your legal recourse.

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Mail Disputes

Who should lodge the Australia Post insurance claim: buyer or seller?

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Travel Disputes

What are my rights if a travel company cancels my tour and keeps my money?

Understand your legal rights under the Australian Consumer Law if a travel operator cancels your booking and attempts to withhold your money as supplier charges or credit. Andrew Bell explains major failures, unfair terms, and how to get a full refund.

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