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Other - Under $30,000
Apart from damage to motor vehicles, most small property claims are consumer claims - they arise out of the purchase of defective goods or as a result of poor service.
In NSW this is covered by the Consumer Claims Act and there is similar legislation in other states. This legislation applies to consumers who are basically people or private companies who have been supplied with goods or services.
In relation to the supply of goods, there are provisions in the NSW Sale of Goods Act which you can rely upon. For example, the Act says that the goods must be fit for the purpose for which they have been provided and they must be of "merchantable quality".
If goods or services have been supplied by a company, there are many provisions in the Australian Trade Practices Act which give you rights. If the goods or services have been supplied by an individual or a partnership then there are many provisions in the NSW Fair Trading Act which will be of assistance.
Once again, you have to be careful in incurring legal costs if the value of the damaged item is not great. There is no point in consulting a lawyer at $250 per hour about a defective iron which cost $70.
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The Consumer Trader and Tenancy Tribunal
Fortunately under the Consumer Claims Act there is provision for consumer claims up to $30,000 to be handled in quite an informal manner by a member of the Consumer Trader and Tenancy Tribunal (CTTT). The good thing about going through the CTTT is that you can do it yourself, you don't need a lawyer. And it's inexpensive. It costs less than $100 to lodge an application and there are no more fees.The CTTT will try to resolve your dispute through conciliation, where you and the other party sit down to talk about the issues and try to reach an agreement. If you can’t, there is an informal hearing before a Tribunal Member. You both get to give evidence and ask each other questions, then the Member makes a decision. Known as an ‘Order’, this is the written decision about money that must be paid, or work that must be completed.
In some situations you might choose to have one of our lawyers help you prepare for the hearing, or attend with you (if the amount involved is over $10,000), but this is at your own cost.
The NSW Office of Fair Trading
The Fair Trading website (www.fairtrading.nsw.gov.au) has some useful tips for protecting yourself against scams, such as ways to ensure your tradesperson is registered, asking for a receipt and warranty, and not paying cash up front.
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