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Taking a consumer complaint to tribunal is likely to be onerous, writes policy professional Kat George, but the payoff may be worthwhile
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Life and style — Kat George
A little over two years ago, I bought a new dishwasher. From the beginning, it did not function properly. Multiple technicians were called out under warranty, who said the dishwasher does not have a fault and is functioning as it should. I accept that there is no “fault” that could be fixed, but the fact is the dishwasher does not clean dishes – there are numerous reviews of this model online complaining of the same issue.
The retailer refused to accept a return for a refund or replacement, and because I bought it for my tenant, I had to replace it at my own cost. The whole process has been very frustrating, and I now have a useless dishwasher stored in my home, which remains under the manufacturer’s warranty.
I submitted a complaint to Fair Trading in a bid to force the retailer to engage with the issue, however the outcome was the same. Fair Trading says my next step is to apply to the NSW Civil and Administrative Tribunal (NCAT), if I am eligible. My question is: what would applying to NCAT involve? Could it lead to further costs for me?
Kat says: This is an extraordinarily frustrating situation. Under the Australian Consumer Law , however, you may have a strong argument that the dishwasher’s performance breaches the consumer guarantees.
Consumer guarantees exist beyond a product’s warranty, and specifically include that a product must be “fit for a specific purpose” and of “acceptable quality”, meaning that a product must do what a reasonable consumer would expect it to. So if the business advertises a product as being able to do something (wash dishes) and the product doesn’t do that thing (the dishes are not washed), then the product does not meet the consumer guarantees.
It doesn’t necessarily matter that the dishwasher doesn’t have an identifiable fault. What matters is that it doesn’t do the thing you were led to believe it does, and that you likely would not have bought the item had you known it wouldn’t work as you were led to believe it would.
Before you lodge an application with Ncat, ensure you have all your ducks in a row
Having reviewed the information provided to you, I see that the NSW Office of Fair Trading has offered you a facilitated voluntary dispute resolution service, which might be a good first step before you lodge an application with NSW Civil and Administrative Tribunal (Ncat). If you decide to go down this path, Fair Trading will act as an impartial mediator, with the downside being it can’t compel the retailer to do anything. Further, it might not be worth your time as Ncat will also require you to attempt a conciliation, separate to the Fair Trading process, before they hear your matter anyway.
In terms of making an application to Ncat, time is of the essence. You must apply to Ncat within three years of when the problem with your dishwasher started, and within 10 years from when the dishwasher was supplied to you. Given that the problems started a little over two years ago, if you decide to lodge an application, you should consider doing it soon.
That said, it’s not likely to be a quick process to resolution, with anecdotal reports suggesting it can take anywhere between a few weeks and a couple of months for Ncat to set a hearing date. On the other hand, Ncat says that for small consumer claims (less than $30,000) that aren’t complex, the whole process, including a decision, usually happens within six weeks.
If you’re applying to a tribunal in another state, you can expect a fairly similar experience in relation to the process, although fees do differ slightly, as do jurisdictions. For instance, the Tasmanian Civil and Administrative Tribunal only hears a narrow scope of consumer complaints (under the Residential Building Work Contracts and Dispute Resolution Act 2016 and Residential Tenancy Act 1997), so a complaint of this nature would be heard in the magistrates court . It’s also worth noting that timelines differ too, with the Victorian Civil and Administrative Tribunal notably citing a 52-week waiting period to have a claim like yours heard.
Related: I noticed a customer review I think might be fake. In Australia, are businesses allowed to do this?
Before you lodge an application with Ncat, ensure you have all your ducks in a row. Gather all your documentation, including your original invoice, correspondence with the retailer, manufacturer and Fair Trading, maintenance reports and witness statements (for instance, from the tenant).
Next, search Asic’s registers to ensure the business name of the party you’re filing against is correct. If you get details like this wrong, Ncat will probably come back to you requesting information, which will delay your application.
When you lodge your application with Ncat, you’ll also need to pay an application fee . For a consumer proceeding under $10,000, that will be $64. Given the cost of the dishwasher and the ongoing associated costs like storage, the lodgment fee could be worth it, especially if you get the outcome you’re seeking.
Once you’ve lodged your application, wait to hear back from Ncat who will advise you of next steps. This generally involves conciliation – an opportunity for both parties to come to an agreement through facilitated and informal negotiation before a formal hearing process – which is a general requirement of Ncat. if your case can’t be resolved through conciliation, Ncat will set a hearing date to determine your matter.
During the hearing, you can choose to represent yourself or request a representative. For a case of this nature, you will need to apply to Ncat and it will have to approve your request to be represented. Keep in mind legal advice will be expensive, and you will have to pay for your own legal costs if you choose to engage a practitioner. There are some limited “ special circumstances ”, which broadly relate to the conduct of the other party, under which the Ncat will award costs in a hearing, but it is not a given that these special circumstances will occur. Further, you’ll still have to pay your own costs upfront, so on balance you might decide legal representation is not entirely worth it for a lower value claim, if you feel confident navigating and understanding Ncat processes and representing yourself in a hearing.
If you are eligible , you may be able to seek support from NSW Legal Aid. Legal Aid measures eligibility on means, merit and jurisdiction.
Finally, Ncat can make orders for the product to be returned and refunded, which is what I assume the best case scenario for you would be. While it’s likely to be a long and onerous process, the payoff may well be worthwhile for you, given the ongoing stress of storing the useless dishwasher in your home, and also in terms of holding the business to account.
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The retailer refused to accept a return for a refund or replacement, and because I bought it for my tenant, I had to replace it at my own cost. The whole process has been very frustrating, and I now have a useless dishwasher stored in my home, which remains under the manufacturer’s warranty.
This report is published with credit to theguardian.com. Full available text from the wire is above. Read on theguardian.com →
Source: theguardian.com · Kat George. Published 25 Aug 2026, 03:00 pm.
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