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Consumer claims 

Consumer and Commercial Division

NCAT’s Consumer and Commercial Division can determine consumer claims about the supply of goods or services in NSW under Part 6A of the Fair Trading Act 1987.

Applications 

NCAT can determine consumer claims applications up to the value of $40,000.

​Form​Online​PDF​Word
​Consumer claim application about goods and servicesLodge now​124kB82kB


A consumer’s claim must be against a supplier carrying on a business and not a private person.  The cause of action accrued must be no more than 3 years, and the goods or services were supplied no more than 10 years before the date the application is lodged.

After lodging your application with NCAT you can expect a first hearing within 6 weeks.

Attach a company ​or business name extract​

If you are making an application against a business or company, please attach a recent ASIC company or business name extract​ with your application.             

Orders 

NCAT can make the following orders under Part 6A of the Fair Trading Act 1987:

  • An order for money to be paid
  • An order that money owed does not have to be paid
  • An order for goods or services to be provided
  • An order to fix or replace faulty goods
  • An order for a refund and the goods to be returned.

Consumer claims about motor vehicles are dealt with under Motor Vehicles List.

Sea and air carriage claims or travel claims

NCAT generally cannot hear air and sea carriage or travel claims against the operator.  These matters must be heard in a Federal Court or State Court with Federal jurisdiction.  NCAT can hear claims against a travel agent.

Sea carriage claims

NCAT does not have jurisdiction to hear claims concerning sea (tidal waters) carriage or travel on a ship.  NCAT is able to hear claims for inland waterway carriage in Australia (river cruises) and some overseas inland waterway carriage where the contract has a connection with NSW (except where the river is treated as international waters).

Air carriage claims

Air carriage and travel disputes with the operator that concern liability and damages cannot be heard by NCAT.  You should refer to the conditions of carriage with the ticket.  NCAT is able to determine some consumer claims where the dispute concerns the specific contract between the consumer and operator (e.g. consumer purchased a certain class of seat and was provided with less without compensation).

The Airline Customer Advocate may be able to assist where the dispute concerns their members.  For more information visit the Airline Customer Advocate website or telephone 1800 813 129.

Legislation 

Fair Trading Act 1987

Jurisdictional limits

The following limits apply to the Tribunal's jurisdiction to make orders in consumer claim applications:

  • $25,000 in respect of applications made before 1 September 2007
  • $30,000 in respect of applications made before 9 May 2014
  • $40,000 in all other consumer claim applications.

               

2014-09-2