Consumer guarantee directions

​​​​NCAT can hear and decide applications about a consumer guarantee direction.

A 'consumer guarantee direction' is issued by NSW Fair Trading to help resolve consumer disputes with a business about alleged breaches of the consumer guarantees under the Australian Consumer Law. Visit the NSW Fair Trading website for more information about consumer guarantees.

If the consumer or business (supplier) is unhappy with the consumer guarantee direction they can apply to NCAT for a redetermination.

How to apply

Download and complete an application form. Lodge your application at any NCAT Registry Office, NSW Fair Trading or Service NSW Centre.

 Redetermination of consumer guarantee direction form [PDF 96kB]​

Fees

Fees are payable for a redetermination of consumer guarantee direction. View the fees and charges schedule or apply for a fee waiver.

Time limits

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.

What happens next

Cases are generally listed for conciliation and hearingCheck the correspondence or notices you receive from NCAT carefully and follow the instructions provided. 

There is a stay on the consumer guarantee direction until the matter is finalised.

Orders NCAT can make

NCAT can make the following orders in redetermination of consumer guarantee cases:

  • An order to pay an amount
  • An order not to pay an amount
  • An order to fix or replace faulty goods, or deliver or return goods
  • An order to do work
  • An order for a refund.

Final orders made by NCAT are legally binding and enforceable. Learn more about orders and enforcement

Legislation that applies to this type of case

Fair Trading Act 1987 
Australian Consumer Law 
Civil and Administrative Tribunal Act 2013