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.