The Law Handbook 2024

715 NOTE The law in this chapter is current as at 1 September 2023. Introduction It is a general rule of contract law that only those people who are party to the contract (e.g. where the contract is in writing, only those who signed the contract) are bound by it and may seek redress from each other if something goes wrong with the contract. Most commonly, contracts ‘go wrong’ because one of the parties breaches the contract. There are many things that can be done to resolve a breach of contract. The most important things to remember are: • make a complaint and demand the situation be remedied at the earliest opportunity; • stand your ground; • pursue the other party to remedy the wrong; and • if you are unsure about your legal position, seek legal advice immediately. Advice is available from the Consumer Action Law Centre, other community legal centres or Victoria Legal Aid, if you cannot afford a solicitor. For a full listing of these services and other community legal centres and their hours of operation, see Chapter 2.4: Legal services that can help. When a breach of contract occurs, the following four main avenues for resolution are available: • self-help; • court or tribunal help; • government help; and • alternative dispute resolution. Self-help for consumers The first, cheapest and simplest remedy is to complain directly and promptly to the other party; that is – talk about it. This remedy is less expensive, and usually quicker, than those available from the legal system. Complaints involving companies or shops should be addressed to someone in a position of authority if you have been unable to resolve the problem with the person involved in the original transaction. It is often useful to put your complaint in writing. Where there is a reasonable basis for the complaint, most reputable businesses will give a refund, exchange or repair. If you cannot get a satisfactory resolution to your problem after writing to a seller or service provider, you still have several options. Usually, the next best option is to complain to Consumer Affairs Victoria. They may be able to help you reach an agreement with a business. They can be contacted on 1300 558 181 or a complaint may be lodged via their website at www.consumer.vic.gov.au (for further details, see ‘Consumer Affairs Victoria’, below). If legal proceedings are commenced by the other party, seek legal advice immediately. Court or tribunal help When a breach of contract occurs, there are, in contract law and legislation, general remedies (see ‘Court remedies’, below) available by application to the most appropriate court or tribunal for your particular case. Different courts or tribunals deal with different matters depending on the amount of money involved and, in some instances, the subject matter of the dispute and the relevant legislation. Generally, it remains for you to work out which court or tribunal is the appropriate place to hear your complaint. You may need to seek legal advice to help you decide this. The Civil Claims List of the Victorian Civil and Administrative Tribunal ( VCAT ) may hear and determine a ‘consumer and trader dispute’ under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (s 184). A ‘consumer and trader dispute’ is a dispute arising between a supplier or possible supplier and a purchaser or possible purchaser in relation to the supply or possible supply of goods or services (s 182). 7.4 Taking action as a consumer Contributor: Gerard Brody, Chair, Consumers' Federation of Australia