Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My friend went to a private facility for respite. We had to…

My friend went to...

My friend went to a private facility for respite. We had to pay the first week as a nonrefundable deposit. On arrival the second week of accommodation was paid. First day there we had issues with staff telling her and myself that they could not care for her as it was low care and she was high care. Also issues overnite ,staff saying same thing . My friend was distressed that they could not look afterbher needs.I was flying out to NZ 2 days later, and found it necessary to look for emergency respite elsewhere. At no time was I contacted by the owners that there were issues, and prior to booking in had been totally up front in regard to my friends care needs , to be told this was not an issue. Is she entitled to a refund of some sort, at least 2nd week. She went into this place on a monday and moved out on the wednesday so in essence was only there 2 days. Your advice would be much appreciated. I have contacted one of the owners re this matter to be told that I need to phone the facility when his wife is there. Respite had been booked from 29/1/18to 12/2/18

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have been taken so far?

I phoned owner a week ago. There has been delay in doing this due to me being away and on my return my friend having a hospital admission and cqre issues in last 3 weeks since finally coming back home

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I realize that the 1st week may not be refundable as they advised us this was a non refundable deposit, but feel at least 2nd week should be refunded. The fees were $998 per week approx so feel my friend has lost almost $2000 on this arrangement

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 minutes by:
4/6/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question

so what outcome would you like to achieve at the present time ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
I feel that part of the fee paid should be refunded. The owners are a husband and wife . I contacted the husband a week ago on his mobile and he told me I needed to ring the facility when his wife was there to discuss the matter. I would like to know if we are entitled to any kind of refund as my friend was only there 2 days and not the 2 weeks paid for. The staff had her so distressed that I felt I had no choice but to look for alternative accommodation for the time I was going to be away

ok, based on the facts that you have stated you will be entitled to a part refund. do you have a copy of the agreement that was entered into with the facility ?

Ask Your Own Australia Law Question

If the facility refuses to pay the monies back you will have a claim under the Australian Consumer Law based on the facts that you have described. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All facilities warrant that service are acceptable for their use/service.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The facility had several options they can provided where goods or services have not meet the requisite standard. The facility can either repair, replace, refund, compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in NCAT.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The facility cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
thank you. I will follow up on this with the owners . Thank you for your help

thank you

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
3,554 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,554 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have received a letter from Department of Justice and
My name is***** and I have received a letter from Department of Justice and Regulation [Victoria] regarding my Consumer Complaint Case Number ***** re a non installation of Solar Panels at my house by… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,554 satisfied customers
I run my own respite business supporting people with special
Hi i run my own respite business supporting people with special needs in my home. I have a service contract that states I have to give 24hrs notice if I cannot complete a support and also my clients n… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,554 satisfied customers
My questions are a bit complicated, but if you are willing
Hi Pearl, my questions are a bit complicated, but if you are willing to bear with me to explain, I would like to talk to you … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,554 satisfied customers
I am in Victoria my friend and I booked a holiday to
I am in Victoria my friend and I booked a holiday to Thailand thru an on line company called Travelalot. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Cna another person opne someone mail with out permission,
cna another person opne someone mail with out permission … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
McAllister and I am my Mother's legal guardian. My mother
My name is***** and I am my Mother's legal guardian. My mother was a resident in a retirement village from March 2011. She paid a bond of $185,000.00. In August 2015 she needed to go in to Higher Care… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My son and 2 grandchildren live in Perth, Australia. They
My son and 2 grandchildren live in Perth, Australia. They were keen to come to NZ for xmas this year so I sent them money for fares which have been duly booked and paid for. They were to come on 21 De… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am a tradesman in Victoria running my own business
I am a tradesman in Victoria running my own business for the past 20 something years and have completed a certificate 4 in Building and Construction in victoria. (This probably means I should have kno… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi, I paid a deposit for a wedding in August 2012 ($2000) but
Hi, I paid a deposit for a wedding in August 2012 ($2000) but had to cancel due to my fiancé getting pregnant and notified fenix in Richmond Victoria in January 2013 that we will have to cancel. I was… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My issue is with Jetstar...briefly, earlier this year i booked
My issue is with Jetstar...briefly, earlier this year i booked three return fllights Adelaide to Cairns for myself, my wife and our daughter (part of our daughter's 21st b'day present) to travel end o… read more
RJBLAW
RJBLAW
Principal
Bachelor's Degree
306 satisfied customers
My son in law has served a criminal conviction of 2 years in
My son in law has served a criminal conviction of 2 years in a low security facility. He has two small children who are awaiting his release. A couple of weeks before it seems he may be deported back … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Good Afternoon, I booked some holiday accommodation in Queensland
Good Afternoon, I booked some holiday accommodation in Queensland last year and had to cancel. The terms and conditions set out by the property owner state "Cancellations must be made in writing by th… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Dear Sir/Madam, I have recently begun leasing a Business in
Dear Sir/Madam, I have recently begun leasing a Business in Victoria, and I am part of a 2 storey building, both 2 separate businesses with only ONE toilet facility - I can only get to, by leaving thr… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hello. My partner and I have planned our wedding in September
Hello. My partner and I have planned our wedding in September this year outside our local area. In February this year we travelled to the venue (a guest house 700km away), agreed to and signed the ven… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I was intending to purchase a boat from a sydney boat dealer.
I was intending to purchase a boat from a sydney boat dealer. I paid a deposit of $5,000 to the dealer to hold the negotiated price for the boat. It was told that the deposit of $5,000 was none refund… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Does an employer have the legal right to deduct money from
Does an employer have the legal right to deduct money from an employees pay? The following is an exact copy of a notice faxed to all employees of a family owned Liquor store in Victoria (Aust). " No s… read more
cmcd
cmcd
LLB
146 satisfied customers
How do you stop DCP from removing a 3 day old child from its
How do you stop DCP from removing a 3 day old child from its mothers when the mothers is doing what she has been advised in order to keep her child with her. They told her if she stayed in hospital fo… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Im from NZ, lived in vic for 1 year I have custody of my granddaughter
Im from NZ, lived in vic for 1 year I have custody of my granddaughter from a NZ court. We are wanting to change her name, how can we go about this?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x