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NCAT Consumer Claim Application (Australia)
When a trader in Australia sells you faulty goods, botches a service or will not honour the consumer guarantees, the low-cost tribunal in your State can order a refund, repair, replacement or compensation. Our template builds the consumer claim for the NSW Civil and Administrative Tribunal (NCAT) — naming the guarantee breached under the Australian Consumer Law, quantifying the claim within the $100,000 limit, and setting out the evidence and the conciliation-then-hearing process — and points users in Victoria, Queensland and every other State and Territory to their equivalent tribunal.
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Consumer Claim Application
Application To The NSW Civil And Administrative Tribunal (NCAT), Consumer And Commercial Division · 11 June 2026
Megan T. Sullivan
23 Hillcrest Avenue, Penrith NSW 2750
0412 770 558
megan.sullivan@email.com.au
11 June 2026
The Registrar
the NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division
CONSUMER CLAIM APPLICATION
Aurora Living Furniture Pty Ltd · $4,290.00
To the Registrar,
I, Megan T. Sullivan (the applicant), apply for orders against Aurora Living Furniture Pty Ltd (the trader) about goods the trader supplied to me — Aurora 3-seat leather lounge (Hudson range, tan). The goods did not meet the standard the Australian Consumer Law requires, and I ask the Tribunal to order a refund, with the goods returned. This is a consumer claim under Part 6A of the Fair Trading Act 1987 (NSW) and the Australian Consumer Law. This document sets out my claim; it supports, and does not replace, the official application form lodged with the NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division.
I, Megan T. Sullivan (the applicant), apply for orders against Aurora Living Furniture Pty Ltd (the trader) about goods the trader supplied to me — Aurora 3-seat leather lounge (Hudson range, tan). The goods did not meet the standard the Australian Consumer Law requires, and I ask the Tribunal to order a refund, with the goods returned. This is a consumer claim under Part 6A of the Fair Trading Act 1987 (NSW) and the Australian Consumer Law. This document sets out my claim; it supports, and does not replace, the official application form lodged with the NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division.
1.
THE PARTIES
Applicant: Megan T. Sullivan
Address: 23 Hillcrest Avenue, Penrith NSW 2750
Telephone: 0412 770 558
Email: megan.sullivan@email.com.au
Respondent (trader): Aurora Living Furniture Pty Ltd (ABN 64 218 553 901)
Trader address: Aurora Living Furniture Pty Ltd
5/120 Mulgoa Road
Penrith NSW 2750
Address: 23 Hillcrest Avenue, Penrith NSW 2750
Telephone: 0412 770 558
Email: megan.sullivan@email.com.au
Respondent (trader): Aurora Living Furniture Pty Ltd (ABN 64 218 553 901)
Trader address: Aurora Living Furniture Pty Ltd
5/120 Mulgoa Road
Penrith NSW 2750
2.
THE PURCHASE AND THE PROBLEM
What I bought: Aurora 3-seat leather lounge (Hudson range, tan) (goods)
Date of purchase: 4 February 2026
Price paid: $4,290.00
What is wrong: The leather on both seat cushions began cracking and peeling within eight weeks of delivery, and the frame creaks and leans to one side. The trader sent a repairer once, but the cracking has continued and a second cushion has now split. The trader now refuses to do anything further and says the warranty does not cover "wear".
The order I seek: a refund, with the goods returned.
Date of purchase: 4 February 2026
Price paid: $4,290.00
What is wrong: The leather on both seat cushions began cracking and peeling within eight weeks of delivery, and the frame creaks and leans to one side. The trader sent a repairer once, but the cracking has continued and a second cushion has now split. The trader now refuses to do anything further and says the warranty does not cover "wear".
The order I seek: a refund, with the goods returned.
3.
THE CONSUMER GUARANTEE BREACHED
The goods failed the consumer guarantee of acceptable quality under section 54 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). These guarantees are automatic and cannot be excluded by any term or "no refund" sign.
This is a major failure: a reasonable consumer would not have acquired the goods or services had they known of the problem, or the failure cannot be put right within a reasonable time. For a major failure I am entitled to choose my remedy.
How the guarantee was breached: A $4,290 leather lounge should be durable and free from defects and should not crack and peel within two months of normal household use. A reasonable consumer aware that the leather would fail this quickly would not have bought it. The fault is not wear and tear — it has been used normally in a family living room.
This is a major failure: a reasonable consumer would not have acquired the goods or services had they known of the problem, or the failure cannot be put right within a reasonable time. For a major failure I am entitled to choose my remedy.
How the guarantee was breached: A $4,290 leather lounge should be durable and free from defects and should not crack and peel within two months of normal household use. A reasonable consumer aware that the leather would fail this quickly would not have bought it. The fault is not wear and tear — it has been used normally in a family living room.
4.
AMOUNT CLAIMED AND EVIDENCE
Amount claimed: $4,290.00. This is within the $100,000 limit of the Consumer and Commercial Division.
The evidence I rely on:
1. Tax invoice INV-AUR-7741 — proof of purchase, $4,290 on 4 February 2026
2. Photographs of the cracked and peeling cushions — taken 1 April and 28 May 2026, time-stamped
3. Email exchange with the trader — the trader's refusal of 2 June 2026 and the earlier repair visit
My claim is for the remedy and amount set out above.
The evidence I rely on:
1. Tax invoice INV-AUR-7741 — proof of purchase, $4,290 on 4 February 2026
2. Photographs of the cracked and peeling cushions — taken 1 April and 28 May 2026, time-stamped
3. Email exchange with the trader — the trader's refusal of 2 June 2026 and the earlier repair visit
My claim is for the remedy and amount set out above.
5.
TIME LIMIT AND PROCESS
Time limit: a consumer claim must be made within 3 years of when the cause of action accrued — the problem with the goods or services — and the goods or services must have been supplied within the last 10 years. The problem arose on or about 30 March 2026, so this claim is made in time.
I have already complained to the State consumer-protection agency (such as NSW Fair Trading) and the matter was not resolved, so I now apply to the Tribunal.
What I have already done to resolve it: I complained to NSW Fair Trading on 5 May 2026 and the trader was contacted, but no resolution was reached, so I now apply to the Tribunal.
How the claim will be heard: the application is first listed for conciliation and hearing; if it is not resolved by agreement, it is listed for a contested hearing on a later date.
I have already complained to the State consumer-protection agency (such as NSW Fair Trading) and the matter was not resolved, so I now apply to the Tribunal.
What I have already done to resolve it: I complained to NSW Fair Trading on 5 May 2026 and the trader was contacted, but no resolution was reached, so I now apply to the Tribunal.
How the claim will be heard: the application is first listed for conciliation and hearing; if it is not resolved by agreement, it is listed for a contested hearing on a later date.
6.
THE TRIBUNAL AND REPRESENTATION
The tribunal: this claim is to be decided by the NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division. In another State or Territory the equivalent body would be VCAT (Victoria), QCAT (Queensland), SACAT (South Australia), TASCAT (Tasmania), ACAT (the ACT), NTCAT (the Northern Territory), or the Magistrates Court (Western Australia) — the Australian Consumer Law applies in each.
Representation: I will represent myself; the Tribunal is designed to be used without a lawyer, and a party generally needs the Tribunal's leave to be represented.
Representation: I will represent myself; the Tribunal is designed to be used without a lawyer, and a party generally needs the Tribunal's leave to be represented.
7.
ORDERS SOUGHT
I ask the Tribunal to order a refund, with the goods returned, and any further order the Tribunal considers appropriate.
APPLICANT
Megan T. Sullivan
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an NCAT Consumer Claim?
A consumer claim is an application to a State or Territory tribunal for orders about goods or services that did not meet the standard the law requires. In New South Wales it is heard by the <strong>Consumer and Commercial Division of NCAT</strong> under Part 6A of the <strong>Fair Trading Act 1987 (NSW)</strong> and the <strong>Australian Consumer Law</strong>. NCAT can order a refund, fix or replace faulty goods, require services to be supplied or goods delivered, or order a payment of money — up to a value of <strong>$100,000</strong>, a limit raised from $40,000 on 18 July 2022.
The claim is built on the <strong>consumer guarantees</strong> in the Australian Consumer Law, which apply automatically and cannot be signed away. Goods must be of acceptable quality, fit for a disclosed purpose and match their description and any sample; services must be carried out with due care and skill, be fit for purpose and supplied in a reasonable time. For a <strong>major failure</strong> the consumer chooses the remedy — the tribunal cannot force you to accept a repair when you are entitled to a refund or replacement — and reasonably foreseeable consequential loss can be claimed on top.
Timing and process matter. A consumer claim must be made within <strong>3 years</strong> of when the problem arose, and the goods or services must have been supplied within the last 10 years. The tribunal lists every application for <strong>conciliation first</strong>, where most matters settle, before any contested hearing — and these tribunals are deliberately built to be used without a lawyer. NCAT is the New South Wales body; the same Australian Consumer Law grounds a claim in VCAT (Victoria), QCAT (Queensland), SACAT, TASCAT, ACAT, NTCAT, and the Magistrates Court in Western Australia.
What's Covered in This Template
A complete consumer claim — the parties, the purchase, the guarantee breached, the amount and evidence, and the process — built for NCAT and adaptable to every State.
Goods, Services or Vehicle
Choose goods, services or a motor vehicle and the claim applies the right consumer guarantees under the Australian Consumer Law.
The Trader as Respondent
Names the trader that supplied the goods or services as the respondent — the supplier, not the manufacturer, is the one the tribunal makes orders against.
The Order You Seek
A refund, repair, replacement, money order or the supply you paid for — the orders NCAT can actually make.
Expert: The Guarantee Breached
Names the exact consumer guarantee and section — s 54 acceptable quality, s 60 due care and skill, and the rest — and whether the failure is major.
Expert: Amount & Evidence
Quantifies the claim within the $100,000 limit and assembles a numbered evidence schedule — receipt, photos, reports, messages — the way the tribunal expects.
Expert: Consequential Loss
Reserves a claim under section 259(4) for reasonably foreseeable loss the failure caused, on top of the main remedy.
Expert: Time Limit & Process
Confirms the 3-year deadline, records any prior NSW Fair Trading complaint, and sets out the conciliation-then-hearing process so you arrive ready.
Expert: Which Tribunal Applies
Selects the right tribunal for your State — NCAT, VCAT, QCAT, SACAT, TASCAT, ACAT, NTCAT or the WA Magistrates Court — and the rules on representation.
Australian Tribunal Format
Applicant letterhead, the tribunal as recipient, a subject line and a single applicant signature — ready to lodge with the official form.
How to Create Your Consumer Claim
Five steps from a faulty purchase to a tribunal application the trader must answer.
- 1
Identify the Purchase
Enter what you bought — goods, services or a motor vehicle — the trader, the date, the price and the order or receipt number.
- 2
Describe the Problem and the Order You Want
Set out what went wrong and choose the order you seek: a refund, repair, replacement, money order or the supply you paid for.
- 3
Name the Guarantee (Expert)
Pick the consumer guarantee breached and whether the failure is major; the application cites the matching section of the Australian Consumer Law.
- 4
Quantify and Evidence the Claim (Expert)
State the amount within the $100,000 limit, list your evidence, reserve any consequential loss, and confirm you are within the 3-year time limit.
- 5
Lodge with the Tribunal
Lodge the official application (online or by form) with NCAT — or your State tribunal — with this document as the grounds, pay the fee, and prepare for conciliation.
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Legal Considerations
Consumer claims run on the national consumer guarantees and the tribunal rules of your State.
This template provides general information for consumers in Australia and is not legal advice. Tribunal rules, limits and fees differ by State and change over time. For a high-value claim, a claim above your tribunal's limit, or a dispute about whether you are a consumer or the failure is major, get advice from your State consumer-protection agency or a lawyer.
Reviewed for Australian consumer law
The Consumer Guarantees and a Major Failure
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 purpose (s 55) and match their description (s 56) and sample (s 57); services must be supplied with due care and skill (s 60), be fit for purpose (s 61) and within a reasonable time (s 62). For a <strong>major failure</strong> — broadly, where a reasonable consumer would not have bought the item knowing of the problem, it is unsafe, or it cannot be fixed in a reasonable time — you choose a refund or replacement, and the tribunal can order it. These guarantees cannot be excluded by any term or "no refund" sign.
NCAT's $100,000 Limit and the 3-Year Deadline
The NSW Consumer and Commercial Division can order up to <strong>$100,000</strong> (raised from $40,000 on 18 July 2022), and a consumer claim must be lodged within <strong>3 years</strong> of when the cause of action accrued, with the goods or services supplied within the last 10 years. Many disputes are resolved earlier by first complaining to <strong>NSW Fair Trading</strong>, and NCAT lists every application for conciliation before any contested hearing — so an evidenced, quantified claim is the right preparation for both stages.
Every State Has Its Own Tribunal
NCAT is the New South Wales body, but the Australian Consumer Law applies nationally, so the same guarantees ground a claim in <strong>VCAT</strong> (Victoria), <strong>QCAT</strong> (Queensland), <strong>SACAT</strong> (South Australia), <strong>TASCAT</strong> (Tasmania), <strong>ACAT</strong> (the ACT) and <strong>NTCAT</strong> (the Northern Territory); Western Australia hears consumer claims in the Magistrates Court. The template is built around the NSW rules — the $100,000 limit and the 3-year period — and names your tribunal if you are elsewhere, where you should confirm the current monetary and time limits.
Related Australian Templates
Before a tribunal application, a letter of demand often resolves a consumer dispute — see our Australian Consumer Law refund demand letter. If your loss came from a car accident, use our car accident demand letter; if an insurer declined a claim, our insurance claim dispute letter; and if you received an unfair fine, our fine internal review request. For a plain money debt that someone will not pay, our statement of claim for a debt starts a court case instead.
Frequently Asked Questions
Get the Refund, Repair or Compensation You Are Owed
Create your consumer claim in minutes: the guarantee breached, the amount within the limit, a numbered evidence schedule and the right tribunal for your State — in formal Australian format. Download the PDF free, or unlock Expert for the full guarantee, evidence, process and tribunal sections.
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