South Australia Consumer Refund Court — Claiming Under Australian Consumer Law

When the Seller Says No

Australian Consumer Law gives you the right to a repair, replacement, or refund when goods have a major failure — they are unsafe, do not match the description, are substantially unfit for purpose, or would not have been bought if the defect had been known. When the seller refuses, the Minor Civil Claims Division of the SA Magistrates Court is where you enforce that right, provided the claim is A$12,000 or less.

The filing fee is A$186. You represent yourself at trial — lawyers are generally excluded from minor civil hearings under Section 38 of the Magistrates Court Act 1991.

Step 1: Demand the Refund in Writing

Before you can file, you must give the seller a formal chance to pay. Send a letter of demand (or lodge a Form P1 Final Notice for A$27.75 electronically) setting out the product, what went wrong, the ACL consumer guarantee that was breached, and the refund amount you are claiming. Give them 21 days.

Keep a copy of a letter of demand and an Affidavit of Delivery showing how and when you served it. If you use Form P1, keep the filed notice and its CourtSA record. You will need to show the court you met the pre-action requirement.

Step 2: Identify the Correct Defendant

Sue the business entity, not the shop name. Search the ASIC Business Names Register to find the registered company or sole trader behind the brand. If the seller is a Pty Ltd company, your claim names "ABC Pty Ltd (ACN 123 456 789)." Getting the entity wrong produces an unenforceable judgment.

For goods bought from a major retailer, you usually sue the retailer directly. For marketplace purchases, you may need to identify the actual seller listed on the platform.

Step 3: File Form 1 on CourtSA

Consumer refund claims use the standard Form 1 (Claim) and Form 1S (Statement of Claim). In your statement, set out:

• What you bought, when, and how much you paid
• The defect or failure (be specific — "the washing machine floods on every cycle" not "it doesn't work")
• Which ACL consumer guarantee was breached
• The amount you are claiming (refund, or cost of repair if you had it fixed elsewhere)

Attach the receipt, warranty documentation, photos of the defect, and any written correspondence where you asked for a refund.

Used Car and Private Sale Disputes

Private sales between individuals are not covered by Australian Consumer Law consumer guarantees — those apply only to goods sold "in trade or commerce." If you bought a used car from a private seller who misrepresented its condition, your claim may be for breach of contract or common-law misrepresentation or deceit, still filed on Form 1, but grounded in different law.

Used cars bought from a licensed dealer are covered by ACL. South Australia also has the Second-hand Vehicle Dealers Act 1995, and dealer disputes can use the specialised Form 1C.

What Evidence Wins Consumer Claims

The strongest consumer claims have:

• The original receipt or proof of purchase
• Photos or video of the defect
• A written refund request and the seller's refusal (email, letter, or text message)
• An independent repair quote or technician's report confirming the defect
• Comparable pricing evidence if you are claiming the cost of a replacement

If the seller argues the failure is minor (entitling them to repair rather than refund), your evidence needs to show why the failure is major — the product is unsafe, unfit for purpose, or materially different from what was described.

After Filing

Serve the claim on the seller, wait 28 days for a defence, and — if they do not respond — apply for default judgment. If they defend, the court schedules a conciliation conference to try settling before trial.

The SA Minor Civil Claim Guide covers the full filing sequence for consumer claims, including how to draft your statement of claim and organise your evidence bundle for the hearing.

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