NCAT Orders and Remedies for Consumer Claims

What NCAT Can Actually Order

Filing at NCAT is pointless if the tribunal cannot give you the remedy you need. The good news: NCAT's Consumer and Commercial Division has broad statutory powers under section 79N of the Fair Trading Act 1987 (NSW). The not-so-good news: those powers have boundaries, and asking for something the tribunal cannot grant wastes everyone's time.

Here is what the tribunal can order in a consumer claim:

• Payment of a specified sum of money — the most common order, covering the price paid, repair costs or consequential losses
• Refund of money paid and return of goods — you give back the product, the trader refunds your payment
• Repair, rectification or replacement of faulty goods — the trader fixes the defect or provides a replacement of equivalent value
• Performance or supply of specific services — the trader finishes the job they were contracted to do
• Declaration that a sum is not due — useful when a trader is demanding payment you dispute

How the Tribunal Decides Between a Refund and a Repair

The answer turns on whether the failure is "major" or "minor" under the Australian Consumer Law.

A major failure means one of these is true: the goods are unsafe, they are so different from the description or sample that a reasonable consumer would not have bought them, they are substantially unfit for their normal purpose and cannot easily be fixed, or the consumer told the supplier about a specific purpose and the goods do not meet it. When the failure is major, the consumer chooses the remedy — refund, replacement, or compensation for the drop in value.

A minor failure gives the supplier the right to choose how to fix the problem, usually by repair. The supplier must do so within a reasonable time. If they fail, the consumer can then escalate to a refund or replacement.

NCAT applies these rules when deciding which order to make. If you want a refund but the failure is minor and the trader offered a timely repair, the tribunal may not order a full refund.

What NCAT Cannot Order

There are limits to the tribunal's reach:

• Punitive or exemplary damages — NCAT compensates actual loss, not punishment
• Pure tort claims unrelated to a supply of goods or services — these fall outside the consumer-claim pathway
• Consumer claims above A$100,000 — the Part 6A consumer-claim pathway is capped at A$100,000; other NCAT lists have separate limits
• Orders against interstate respondents — if the trader is based in another Australian state, NCAT lacks constitutional jurisdiction under the Burns v Corbett principle; the claim must go to the NSW Local Court instead

Filling Out the "Orders Requested" Section

When you file your application, NCAT asks which statutory orders you seek. Be specific. Instead of writing "I want my money back," list the exact amounts:

• Purchase price: A$3,200
• Independent inspection report: A$385
• Towing costs: A$180
• Total sought: A$3,765

Attach the receipts and invoices that support each line item. The tribunal member will work through your evidence to decide whether each amount is recoverable.

After the Order Is Made

NCAT orders specify a compliance deadline; for example, the Tribunal may direct payment within 28 days. If the trader pays or performs, the matter is closed. If they do not comply with a money order, you cannot go back to NCAT to enforce payment — the tribunal does not have bailiffs or garnishee powers. You must obtain a Certified Copy of the Order (A$105 fee), register it in the NSW Local Court (A$121 registration fee), and enforce it through the court's enforcement machinery.

The NCAT Consumer Claim Guide for NSW covers the full process from filing through to enforcement, including a statutory deadline calendar and evidence indexing worksheets.

See more New South Wales guides →