A NSW reader, Shelley, bought a dishwasher over two years ago that never cleaned dishes properly. Multiple technicians under warranty said it had no fault, but online reviews show the same issue. The retailer refused a refund or replacement, and Shelley replaced it at her own cost for her tenant. Fair Trading suggested applying to the NSW Civil and Administrative Tribunal (NCAT) if eligible.
Consumer guarantees and the dishwasher's performance
Kat George, a policy professional, says the Australian Consumer Law may support Shelley's case. Consumer guarantees require products to be "fit for a specific purpose" and of "acceptable quality," meaning they must do what a reasonable consumer expects. If a dishwasher advertised to wash dishes doesn't, it may breach those guarantees, regardless of an identifiable fault.
Fair Trading offered a voluntary dispute resolution service, but it can't compel the retailer. NCAT also requires a conciliation attempt before a hearing, so the Fair Trading step may not save time.
Time limits and application costs
Shelley must apply to NCAT within three years of the problem starting and within 10 years of supply. Since the issue began over two years ago, she should act soon. NCAT hearings can take weeks to months, but small claims under $30,000 typically resolve within six weeks if not complex.
Application fees are $64 for consumer claims under $10,000. Shelley should gather documentation, including invoices, correspondence, maintenance reports, and witness statements, and check the business name on ASIC's registers to avoid delays.
What happens at the hearing
Shelley can represent herself or request a representative, subject to NCAT approval. Legal costs are her own, and cost awards are limited to special circumstances. NSW Legal Aid may offer support if she meets eligibility criteria.
NCAT can order a refund and return of the product. Despite the lengthy process, the payoff could be worthwhile for Shelley, given the ongoing stress of storing the dishwasher and the chance to hold the business accountable.
