Consumer guarantee directions
NCAT can hear and decide applications about a consumer guarantee direction issued by NSW Fair Trading.
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 a Redetermination of consumer guarantee direction application form (PDF , 95.7 KB).
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 hearing. Check 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.