Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Thankyou. I am in Victoria, Melbourne. I had my serviced…

Customer Question
Hello and thankyou Lawyer's...

Hello and thankyou

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

I am in Victoria, Melbourne

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

I had my serviced plus lots of new parts according to the mechanic. I had spend over 2000 $. My car is sounding Worse and performance is Worse. my first step was letting them know I was not happy with the out come. There was no care fracture at all . Sorry for the slow typing

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

That is where I am at and I really don’t think there is anything else. Thankyou

Submitted: 26 days ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
5/30/2018
Solicitor: John Melis, Lawyer replied 26 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,124
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 26 days ago

You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

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.

Seller has several options they can provide where goods or services have not meet the requisite standard. The seller 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 VCAT.

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 contractor 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 ?

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: 3,124
3,124 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

27,635 satisfied customers

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

Daniel

Daniel

Solicitor

5,940 satisfied customers

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

John Melis

John Melis

Lawyer

3,124 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My son has just been kicked out of his private catholic
My son has just been kicked out of his private catholic school for putting a photo of a teacher with an eggplant in his mouth on his snap chat story- do we have any recourse. My son has been seeing a … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My insurance company NRMA say they are unable to find the
My insurance company NRMA say they are unable to find the address of the other party in a traffic accident. I have given them all the details of the person concerned except for his address. His insura… read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
I have a business document that is written in legal speak
I have a business document that is written in legal speak and I need it to be interpreted in English. Can a lawyer assist… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Can freelance app developers from Singapore charge in USD?
Can freelance app developers from Singapore charge in USD? … read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
I have been working for a couple of years on contract with a
hello my name is***** have been working for a couple of years on contract with a company called ***** ***** & co.Their office is in Kununurra W.A.. I work as the their cook in remote areas were they b… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am employed as a roadhouse attendant under vehicle
I am employed as a roadhouse attendant under vehicle manufacturing,repair services and retail award.We currently receive $24.77 p/ h on any shift ( I do night shift) and $34.50 ( roughly) for weekends… read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
Just Little problem with electricity company Origin. They
Hi, just Little problem with electricity company Origin. They refuse to put the fact that I am entitled to the government rebate on the agreement. How do I know they will give the rebate to me just on… read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
I suffered an injury at work, and still hasn't healed for
Hello i suffered an injury at work, and still hasn't healed for the past two months. It is a foot injury and i am being paid under workcover but obviously can't keep getting paid under workcover forev… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Are Victorian local government councils exempt from the
Are Victorian local government councils exempt from the regulations of the Fundraising Act 1998? … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My two sons are single inheritors of my deceased brother. He
My two sons are single inheritors of my deceased brother. He deceased in Germany. Testament is in South Africa but certified originals sent to bank (Sparkasse) For one year they have dragged out reply… read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
The council are telling me the tree on the nature strip is
The council are telling me the tree on the nature strip is not lifting my asphalt driveway. The council arborist came out looked at the tree and told me the drip line was not in line with the damage w… read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
Have a AGL sales bill from 2014 paid but has been credit
Have a AGL sales bill from 2014 paid but has been credit listed , even after I sent a email in August 2014 advising not at that address , bill had been paid but default won't be removed because I didn… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Is there a register of wills held by solicitors in nsw and
is there a register of wills held by solicitors in nsw and if so can i make an inquiry without a solicitor … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Incorporated members club..Who is the right person to get in
Incorporated members club..Who is the right person to get in touch with to have the financial books audited and costs … read more
John Melis
John Melis
Lawyer
3,124 satisfied customers
Why does the R.T.A. have control over how squatters in
Why does the R.T.A. have control over how squatters in rental accomodation are treated … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am having a problem getting Samsung to refund me for a
I am having a problem getting Samsung to refund me for a recalled washing machine. It is the second time they have recalled this machine, the first I elected to have it repaired however all they did w… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have been charged with sending intimate images of my ex to
Hello .. i have been charged with sending intimate images of my ex to her phone ... i have a court date next thursday .. i only send them to her and nobody else .. is there any way u can help me ? … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We have moved into a new townhouse and the noise from the
We have moved into a new townhouse and the noise from the inside water fountain goes all day. This waterfall is behind our medium room and is on from 7am till 7pm I would like to know how we stand leg… read more
Leon
Leon
Solicitor
Master's Degree
27,635 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