Defective Products. Your Rights in Australia

Consumer Remedies for Defective Goods

Under Australian Consumer Law, if goods are defective, not of acceptable quality, not fit for purpose, or not matching their description, you are entitled to a remedy from the seller:

For a minor failure:
The seller may choose to repair, replace, or refund.

For a major failure:
You can choose to:

• Return the goods and get a full refund
• Return the goods and get an identical replacement (or one of similar value if unavailable)
• Keep the goods and get compensation for the reduction in value

A major failure is one where a reasonable person would not have bought the product knowing about the failure, or the product is unsafe.

Product Safety and Recall

If a product is dangerous or unsafe, it may be subject to a mandatory product recall by the ACCC or the relevant authority. You can check product recalls at productsafety.gov.au.

If you have a recalled product, you are entitled to a remedy (usually a refund or replacement) regardless of when it was purchased.

Product Liability. Compensation for Injury

If a defective product causes you injury or property damage, you may have a product liability claim separate from your consumer guarantee rights. Under the ACL, manufacturers (including importers) can be liable for compensation if:

• Their product had a defect (did not meet the safety standard consumers are entitled to expect)
• The defect caused your injury or loss

You can claim against the manufacturer (or importer if the manufacturer is overseas) for:

• Personal injury (medical expenses, lost income, pain and suffering)
• Damage to other property caused by the defective product

Who Can You Claim Against?

For consumer guarantee remedies: the retailer (the business you bought from)
For product liability compensation: the manufacturer or importer

If the manufacturer is overseas and has no Australian presence, the importer becomes liable.

Time Limits

• Consumer guarantee claims: within a reasonable time of discovering the defect
• Product liability claims for personal injury: generally 3 years from when you became aware of the injury (varies by state)

How to Make a Claim

1. Contact the retailer in writing, describing the defect and the remedy you're seeking
2. If rejected, lodge a complaint with your state's fair trading agency or the ACCC
3. For personal injury, consult a personal injury lawyer, many work on a no-win no-fee basis
4. For small claims, use your state's Civil and Administrative Tribunal

Class Actions

If a defective product has affected a large number of people, a class action may be more appropriate. Several class action law firms in Australia handle product liability claims on a contingency basis.