LawHelpAustralia

FAQ

Most frequent questions and answers

When you buy products and services they come with automatic guarantees that they will work and do what you asked for. If you buy something that isn’t right, you have consumer rights. Generally, the consumer guarantees only apply to the supply of goods and services to a consumer in ‘trade and commerce’. Remedies can be sought against the supplier and/or, in some cases, the manufacturer.

If a business fails to deliver any of these guarantees, you have consumer rights for:

  • repair, replacement or refund
  • cancelling a service
  • compensation for damages & loss.

You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.

The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.

The retailer can’t refuse to help you by sending you to the manufacturer or importer.

You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:

  • acceptable quality
  • matching description
  • any extra promises made about such things like performance, condition and quality
  • repairs and spare parts – the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.

You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss.

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A consumer’s rights under the consumer guarantees – that goods comply with their description, be of acceptable quality and are fit for their purpose – cannot be excluded from consumer contracts.

Notices stating the following terms are unlawful:

  • ‘no refund on sale items’;
  • ‘exchange or credit note only for return of sale items’;
  • ‘no refunds after 30 days’.

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Before you buy goods or services online, you should find out the following information.

  • Who is the trader?
  • What are the transaction details?
  • Are there any privacy and security concerns?

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Young people and medical consent.

Consent is to agree to something being done, or to approve an arrangement or action. Generally, medical procedures cannot be carried out without consent from the patient or from someone with lawful authority to consent on the patient’s behalf (see ‘Information and consent’ in Chapter 9.1: Health and the law). Otherwise, the patient may have a right to sue the doctor for unauthorised treatment.

If you are an adult who has been living in Victoria for the last 12 months, or if your birth is registered in Victoria, you can apply to register a new name in Victoria.

For a child younger than 18 – who was born in Victoria, or who has been living in Victoria for the last 12 months – their parents may apply to register a new name.

An intervention order is a fast, inexpensive and easily accessible remedy for a family member who needs immediate short-term, and long-term, protection.

Applications for intervention orders are usually heard in the Magistrates’ Court, unless the sole applicant or sole respondent is under 18 years old.

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In Australia, under the FL Act (s 39(3)), either person in a marriage can apply for a divorce, as long as one person in the marriage is:

  • an Australian citizen;
  • domiciled in Australia; or
  • usually a resident in Australia and has been so for one year immediately before the filing of the application for divorce.
  • ‘Domicile’ is defined in the Domicile Act 1982 (Cth); a domicile is a person’s permanent legal residence.

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The Family Court and the Federal Circuit Court can grant a divorce (decree of dissolution of marriage). Only the Family Court can grant a decree of nullity.

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Conveyancing is the process of transferring ownership of a property from the vendor to the buyer. Conveyancing involves preparing legal documents, checking for problems or restrictions relating to the property, and exchanging money between the buyer and the vendor.

Solicitors and non-lawyer conveyancers

Solicitors also do conveyancing but can also give legal advice about all the elements of the process of transferring ownership of a property from a vendor to a buyer.

Buyers can obtain legal advice about the contract of sale, the manner of ownership, stamp duty, tax implications and other legal aspects of the settlement process from a solicitor.