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Consumer Refund Demand Letter (Australia)
If a product or service you bought in Australia is faulty, the Australian Consumer Law gives you a refund, replacement or repair — and a "no refunds" sign cannot take it away. Our Australian template produces a formal letter of demand to the supplier: it names the consumer guarantee that was breached, applies the major-failure test under sections 259 and 260, states which remedy you are entitled to choose, sets a deadline, and spells out the escalation path through the manufacturer, your State or Territory consumer-protection agency, the tribunal and the ACCC.
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Letter of Demand — Refund, Replacement or Repair
Consumer Guarantees Under The Australian Consumer Law · 11 June 2026
Daniel R. Whitlam
14 Banksia Crescent, Glen Waverley VIC 3150
0414 882 305
daniel.whitlam@email.com.au
11 June 2026
HomeTech Appliances Pty Ltd
HomeTech Appliances Pty Ltd
88 Springvale Road
Glen Waverley VIC 3150
88 Springvale Road
Glen Waverley VIC 3150
LETTER OF DEMAND — AUSTRALIAN CONSUMER LAW
Goods: Frostline 520L French-door refrigerator (model FL-520X) · $2,199.00
Dear HomeTech Appliances Pty Ltd,
I am writing about goods I bought from you on 2 March 2026 — Frostline 520L French-door refrigerator (model FL-520X). The goods were not of the standard the Australian Consumer Law requires, and I am asking you to provide a full refund as set out below. The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth) and its consumer guarantees cannot be excluded by any "no refund" sign or term.
I am writing about goods I bought from you on 2 March 2026 — Frostline 520L French-door refrigerator (model FL-520X). The goods were not of the standard the Australian Consumer Law requires, and I am asking you to provide a full refund as set out below. The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth) and its consumer guarantees cannot be excluded by any "no refund" sign or term.
1.
THE PURCHASE
What I bought: Frostline 520L French-door refrigerator (model FL-520X)
Type: Goods
Date of purchase: 2 March 2026
Price paid: $2,199.00
Receipt / order reference: Tax invoice INV-2026-44817
Sold by: HomeTech Appliances Pty Ltd (ABN 52 119 008 447)
Type: Goods
Date of purchase: 2 March 2026
Price paid: $2,199.00
Receipt / order reference: Tax invoice INV-2026-44817
Sold by: HomeTech Appliances Pty Ltd (ABN 52 119 008 447)
2.
THE PROBLEM AND MY DEMAND
What is wrong: The refrigerator stopped cooling on 28 May 2026, less than three months after purchase. The freezer defrosted overnight and spoiled its contents, and the fridge compartment will not hold below 12 degrees. A technician you sent on 3 June 2026 said the sealed compressor system has failed and the unit needs a full compressor replacement.
Under the consumer guarantees in the Australian Consumer Law, goods I buy must meet basic standards — and these goods did not. Because this is a major failure, I am entitled to choose my remedy. I ask you to provide a full refund within 14 days of the date of this letter — that is, by 25 June 2026. Please confirm in writing how and when this will be done.
Under the consumer guarantees in the Australian Consumer Law, goods I buy must meet basic standards — and these goods did not. Because this is a major failure, I am entitled to choose my remedy. I ask you to provide a full refund within 14 days of the date of this letter — that is, by 25 June 2026. Please confirm in writing how and when this will be done.
3.
THE CONSUMER GUARANTEE BREACHED
The goods failed the consumer guarantee of acceptable quality under section 54 of the Australian Consumer Law. Goods must be of acceptable quality — safe, durable, free from defects, acceptable in appearance and fit for all the purposes for which goods of that kind are commonly supplied, judged by what a reasonable consumer fully aware of their condition would regard as acceptable.
How the guarantee was breached: A refrigerator costing $2,199 should be durable and free from defects, and should keep food cold for far longer than three months. A reasonable consumer aware that the compressor would fail within three months would not have bought it. The failure is not the result of any misuse — it has been used normally in a domestic kitchen.
I have already raised this problem with you, and it remains unresolved.
How the guarantee was breached: A refrigerator costing $2,199 should be durable and free from defects, and should keep food cold for far longer than three months. A reasonable consumer aware that the compressor would fail within three months would not have bought it. The failure is not the result of any misuse — it has been used normally in a domestic kitchen.
I have already raised this problem with you, and it remains unresolved.
4.
THE REMEDY I AM ENTITLED TO
Because this is a major failure (as defined in section 260), section 259(3) of the Australian Consumer Law lets me, not you, choose the remedy — I may reject the goods and require a refund or a replacement of the same type and value. You cannot insist on repairing the goods instead.
I hereby reject the goods and require you to collect them at your expense, or to tell me how to return them at your cost.
In addition, section 259(4) entitles me to damages for any reasonably foreseeable loss or damage I suffered because of the failure. The consequential loss is: I lost about $180 of food when the freezer defrosted, and I have had to hire a bar fridge at $35 a week while this is unresolved.
I hereby reject the goods and require you to collect them at your expense, or to tell me how to return them at your cost.
In addition, section 259(4) entitles me to damages for any reasonably foreseeable loss or damage I suffered because of the failure. The consequential loss is: I lost about $180 of food when the freezer defrosted, and I have had to hire a bar fridge at $35 a week while this is unresolved.
5.
EVIDENCE AND THE DEADLINE
I have the following proof of purchase and of the problem, which I can produce:
1. Tax invoice INV-2026-44817 — proof of purchase, $2,199 on 2 March 2026
2. Technician report dated 3 June 2026 — states the sealed compressor system has failed
3. Photographs of the temperature display and spoiled food — taken 28 May 2026, time-stamped
Notes on the evidence: The technician you sent confirmed the fault is a manufacturing defect in the compressor, not anything I did.
Please respond in writing by 25 June 2026 (within 14 days) confirming the remedy and when it will be provided.
1. Tax invoice INV-2026-44817 — proof of purchase, $2,199 on 2 March 2026
2. Technician report dated 3 June 2026 — states the sealed compressor system has failed
3. Photographs of the temperature display and spoiled food — taken 28 May 2026, time-stamped
Notes on the evidence: The technician you sent confirmed the fault is a manufacturing defect in the compressor, not anything I did.
Please respond in writing by 25 June 2026 (within 14 days) confirming the remedy and when it will be provided.
6.
IF THIS IS NOT RESOLVED
If you do not resolve this by the date above, I will take it further. I am keeping a record of this letter and of our dealings.
I may lodge a complaint with the consumer-protection agency in my State or Territory (such as NSW Fair Trading, Consumer Affairs Victoria or the Office of Fair Trading), which can take the matter up with you.
I may apply to the civil and administrative tribunal or a local court in my State or Territory (such as NCAT, VCAT or QCAT) for an order that you provide the remedy and compensate my loss.
I may lodge a complaint with the consumer-protection agency in my State or Territory (such as NSW Fair Trading, Consumer Affairs Victoria or the Office of Fair Trading), which can take the matter up with you.
I may apply to the civil and administrative tribunal or a local court in my State or Territory (such as NCAT, VCAT or QCAT) for an order that you provide the remedy and compensate my loss.
7.
RESPONSE REQUESTED
Please confirm in writing within 14 days how you will resolve this. I would prefer to settle the matter directly and promptly. I have kept a copy of this letter and the proof supporting it.
YOURS FAITHFULLY,
Daniel R. Whitlam
Consumer
Date: ____________________
CONSUMER
Daniel R. Whitlam
Date: ____________________
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What Is a Consumer Refund Demand Letter?
A consumer refund demand letter is the first, and often the most effective, step to enforce your rights under the <strong>Australian Consumer Law (ACL)</strong> — Schedule 2 to the <strong>Competition and Consumer Act 2010 (Cth)</strong>. It tells the business exactly what is wrong, which consumer guarantee it breached, and the remedy you require, before you escalate to a consumer-protection agency or a tribunal. Because the consumer guarantees are mandatory across Australia, an itemised, legally grounded demand is hard for a supplier to ignore.
Every Australian consumer is protected. Goods must be of acceptable quality, fit for purpose and match their description; services must be carried out with due care and skill. You are a "consumer" under the ACL if the goods or services cost $100,000 or less (a threshold raised from $40,000 on 1 July 2021), or are of a kind ordinarily bought for personal, domestic or household use, or are a commercial road vehicle. The supplier that sold to you — not the manufacturer — is responsible to you, and cannot lawfully tell you to "go to the manufacturer".
The remedy depends on how serious the problem is. For a <strong>major failure</strong> — defined in section 260 — you, the consumer, choose between a refund and a replacement, and the business cannot insist on a repair. For a minor problem the business may choose to repair it within a reasonable time. The template applies the right test, cites the matching section, and reserves your right to compensation for any consequential loss under section 259(4).
What's Covered in This Template
The letter follows the structure that gets refunds paid in Australia — the purchase, the guarantee breached, the remedy you are entitled to, the evidence, and a clear deadline.
Goods or Services Aware
Choose goods or services — the letter applies the right consumer guarantees (acceptable quality, fitness, description for goods; due care and skill, fitness, reasonable time for services) under the Australian Consumer Law.
Major vs Minor Failure
Applies the section 260 major-failure test: for a major failure you choose a refund or replacement; for a minor problem the supplier may repair within a reasonable time.
The Guarantee Cited
Names the exact consumer guarantee and section breached — s 54 acceptable quality, s 55 fitness, s 56 description, s 60 due care and skill, and the rest.
Your Right to Choose the Remedy
For a major failure, section 259(3) puts the choice of refund or replacement in your hands — the letter makes that entitlement explicit so the supplier cannot downgrade it to a repair.
Supplier, Not Manufacturer
States that the supplier who sold to you is liable under the Australian Consumer Law and cannot send you to the manufacturer — with the option to also pursue the manufacturer.
Consequential Loss
Reserves a claim for reasonably foreseeable loss under section 259(4) — spoiled food from a failed fridge, a hire replacement, time off work.
Evidence Schedule & Deadline
Lists your proof of purchase and of the problem as a numbered schedule and sets a reasonable deadline (14 days is standard), the way the ACCC expects a claim to be framed.
Escalation Path
Sets out the path if ignored: the manufacturer, your State or Territory consumer-protection agency (NSW Fair Trading, Consumer Affairs Victoria), the tribunal (NCAT, VCAT, QCAT) and the ACCC.
Formal Australian Format
Letterhead, the supplier as recipient, a subject line and a single consumer signature block — ready to email or post anywhere in Australia.
How to Create Your Demand Letter
Five steps from a faulty purchase to a letter the supplier must answer under Australian law.
- 1
Identify the Purchase
Enter what you bought, the date, the price and any receipt or order number — proof of purchase, and how long the item lasted, both matter under the Australian Consumer Law.
- 2
Describe the Problem and Choose the Remedy
Set out what went wrong, whether it is a major or minor failure, and the remedy you want — a refund, replacement or repair.
- 3
Name the Guarantee (Expert)
Pick the consumer guarantee breached and the letter cites the matching section — acceptable quality, fitness for purpose, description, or the services guarantees.
- 4
Set Out the Remedy and Evidence (Expert)
State your entitlement under sections 259-260, reserve any consequential loss, list your evidence, and set a deadline.
- 5
Send and Keep Proof
Email and/or post the letter to the supplier, keep a dated copy and proof of sending, and note the escalation path to the ACCC and your State consumer agency if it is ignored.
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Legal Considerations
The consumer guarantees are mandatory across Australia, cannot be excluded, and are enforced by the ACCC and the State and Territory tribunals.
This template provides general information for consumers under the Australian Consumer Law and is not legal advice. The consumer guarantees apply to most consumer purchases in Australia, but some limits and exceptions exist (for example one-off private sales, or goods bought to on-sell). For a high-value claim, or if the supplier disputes that you are a consumer or that the failure is major, get advice from your State or Territory consumer-protection agency or a lawyer.
Reviewed for Australian consumer law
The Consumer Guarantees (ss 54-62)
Under the <strong>Australian Consumer Law</strong> (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), goods must be of acceptable quality (s 54), fit for any disclosed purpose (s 55), match their description (s 56) and any sample (s 57); services must be supplied with due care and skill (s 60), be fit for purpose (s 61) and supplied within a reasonable time (s 62). These guarantees are automatic and cannot be signed away by any term or "no refund" sign.
Major Failure and Your Choice (ss 259-260)
For goods, a <strong>major failure</strong> is defined in section 260 — broadly, where a reasonable consumer would not have bought the item knowing of the problem, it is unsafe, it cannot easily be fixed in a reasonable time, or it differs significantly from its description. For a major failure, section 259(3) lets the Australian consumer choose a refund or a replacement; the supplier cannot insist on repairing it. For a minor problem the supplier may choose to repair within a reasonable time. Multiple minor faults together can amount to a major failure.
Supplier, Manufacturer and the ACCC
The supplier that sold the goods is liable to you and must not direct you to the manufacturer. The manufacturer is separately liable for acceptable quality and for spare parts and repairs, and can be pursued as well. The <strong>Australian Competition and Consumer Commission (ACCC)</strong> enforces the law nationally and acts on businesses that mislead consumers about their rights, while your State or Territory agency (NSW Fair Trading, Consumer Affairs Victoria and the like) can take up an individual matter.
Where Disputes Are Decided
If a supplier will not provide the remedy, a consumer claim is decided by the civil and administrative tribunal in your State or Territory — NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland, and the equivalents elsewhere — which can order a refund, replacement or compensation. These tribunals are low-cost and designed to be used without a lawyer, which is why a clear, evidenced demand letter is the right first step.
Related Australian Templates
A defective product is different from a money dispute. If a car accident left you out of pocket, use our car accident demand letter; if an insurer declined a claim, our insurance claim dispute letter; if you received an unfair fine, our fine internal review request. For a general unpaid debt, see our Australian letter of demand, and for a Centrelink debt our centrelink debt dispute letter.
Frequently Asked Questions
Get the Refund or Replacement You Are Owed
Create your consumer refund demand letter in minutes: the guarantee breached, the major-failure test, your right to choose the remedy and the ACCC escalation path — in formal Australian format. Download the PDF free, or unlock Expert for the full guarantee, remedy, evidence and escalation sections.
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