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Consumer Law FAQs: Gold Coast & Queensland

Experienced consumer law answers for Gold Coast residents and businesses. From travel booking cancellations and refund rights to stolen parcels and Australia

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.

Club & Association Governance

Can a Club or Not-for-Profit Increase Membership Fees Mid-Year?
If a club committee raises membership fees partway through the year, members have rights to review the constitution and committee meeting minutes. A properly constituted management committee generally has the power to change fees, but members can ask for the basis and documentation.
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Consumer protection

Door-to-door sales: cooling-off rights that trump signed contracts
A signature obtained at your front door does not lock you in. When a seller comes to you uninvited, Australian Consumer Law1 treats the resulting deal as an unsolicited consumer agreement and hands you a mandatory cooling-off period that survives the handshake, the pen and the contract itself. Pressure tactics end where your doorstep begins2. When the special rules kick in The protections apply when a salesperson approaches you without invitation and the deal is made away from the seller’s ordinary business premises, typically at home, but also over the phone following an uninvited call. Common examples include roofing and solar pitches, security systems, gym sign-ups canvassed in shopping centres that follow up at your house, and energy retailing door knocks.
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Consumer Rights

What Evidence Should I Keep When Hiring a Rental Car?
What evidence should I keep when hiring a rental car? Take photographs or a continuous video of the vehicle before you drive away and again immediately before return. Keep the agreement, condition report, return receipt and any emails or messages about the vehicle. Good contemporaneous evidence can be critical if a damage claim is later made. What should I record at collection? Before leaving the collection point, record: Every external panel, bumper, wheel and windscreen. Existing scratches, dents, chips and interior damage. The odometer and fuel gauge. The vehicle registration and the car-park or collection location where practical. The signed or electronic condition report. A slow, continuous video can be useful because it shows the vehicle’s condition in context. Ensure the footage is clear and backed up.
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What are my rights when buying at an auction in Queensland?
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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Can You Get a Refund on Faulty Second-Hand Goods in Queensland?
Faulty second-hand goods bought from a business are covered by Australian Consumer Law guarantees plus any store warranty policy. Here is how to make a claim in Queensland.
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Contracts

Cancelling a gym membership: fees, freezes and your rights
Few consumer contracts generate more complaints than gym memberships. The sales pitch happens in January; the regret arrives by March; and somewhere in between sits a document full of rollover clauses, exit fees and direct debit mandates that members never really read. Queensland gyms are governed by ordinary contract principles plus Australian Consumer Law,1 and knowing which lever to pull saves both money and stress2. Start with the clause you signed Everything begins with the agreement itself:
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General Questions

Can Businesses Charge Card Surcharges After 1 October 2026?
Separate card payment surcharges disappeared across the major Australian card networks from 1 October 2026, but that does not mean every fee or surcharge became unlawful. The key question is whether the extra charge is imposed because the customer paid by an affected card. Payments covered Visa, Mastercard and eftpos introduced no-surcharge rules for credit, debit and prepaid card payments from 1 October 2026. American Express and UnionPay also removed surcharging from that date. PayPal’s change commenced on 5 October 2026.1
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Door to Door Sales and Your 10-Day Cooling Off Rights Under Australian Consumer Law
Under the Australian Consumer Law, you have a mandatory 10 business day cooling-off period to cancel an unsolicited agreement made at your home.
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Gift cards

Gift card expiry rules and refund rights in Queensland
Gift cards feel like cash but legally they are a promise - and since late 2019 that promise has been regulated nationally. Any gift card supplied to an Australian consumer must now run for at least three years, and retailers can no longer attach post-supply fees that quietly drain the balance1. That said, expiry rules are only half the picture. Refund rights, lost cards and business collapses all follow different rules again, so it pays to know where each sits before you buy or redeem.
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Insolvency

Lay-bys, preorders and your rights when a business folds
The news breaks on a Tuesday: your furniture chain enters administration, and somewhere in a darkened warehouse sits the dining suite you have paid off for eight months. What actually happens next depends less on fairness than on insolvency mechanics - so here is the honest map1. One framing point before the detail: customers in this position hold rights against the company, but insolvency law reorders priorities the moment administrators are appointed. Understanding both layers - consumer protection while trading, creditor hierarchy once it stops - is what separates shoppers who recover money from shoppers who write angry letters to closed stores.
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Mail Disputes

Who should lodge the Australia Post insurance claim: buyer or seller?
If a parcel you sent or bought online is stolen or damaged in transit, who has the legal standing to claim compensation from Australia Post? Andrew Bell explains default compensation, Extra Cover, and your consumer rights.
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Online shopping

Paid online but nothing arrived? Your rights in Queensland
Waiting weeks for an online order that never arrives is frustrating, and chasing an unresponsive seller makes it worse. The good news is that the law does not treat silence as tough luck. You generally have layered options: demand a remedy from the seller, reverse the payment through your bank, escalate to a complaints body, or take a small claim. Work through them in order and most cases resolve1. Step one: put the seller on notice in writing Start with a short, firm email using the contact details from your order confirmation:
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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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Unfair Contract Terms

Can a Real Estate Agent Block Me From Renting My Unsold Property?
If your real estate agent’s marketing-loan contract stops you from renting your unsold property, this may be an unfair contract term under Australian Consumer Law. Learn your rights and practical next steps before taking any action.
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Warranties

Extended warranties vs consumer guarantees: do you need both?
The salesperson leans in as you buy a laptop: would you like protection for just a bit more? Before deciding, know that Australian consumers already hold powerful free protections called consumer guarantee1s, and many extended warranties simply resell coverage you have anyway. Sometimes the extra purchase makes sense; often it does not2. Consumer guarantees: strong, automatic and free Under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law)3, goods must satisfy guarantees including:
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