General information, not legal advice about a particular repair or bill. For your own dispute, your state’s consumer agency can help: NSW Fair Trading, Consumer Affairs Victoria or Consumer Protection WA.
What a repairer owes on the job
NSW Fair Trading puts a licensed repairer’s duty in old trade words, work done in a “tradesman like manner”, and explains them in new ones: of acceptable quality, and carried out with due care and skill. Where a workshop did not take due care and skill in a repair or in testing, a claim can be made under the consumer guarantees.
Paperwork and parts
- A notice of the work. In Victoria a mechanic is legally required to give a notice of the repairs to be done on each vehicle, and Consumer Affairs Victoria suggests asking for it before you leave the car.
- The old parts. A Victorian mechanic must hand over removed parts if you ask, except parts that go back to the manufacturer for a warranty claim. In NSW you can ask to see the parts that were replaced, and reconditioned or exchange units should be shown on the invoice.
- Airbags. Victoria adds that any second-hand airbag fitted must be one that has never been activated.
- A repair notice. Nationally, a business accepting something for repair must give a written repair notice first if it may use refurbished parts, or if the item stores user data; the ACCC names car navigation systems as one example. It can be handed over, emailed or posted, but a sign on the wall or a page on a website does not count.
For refurbished parts, the law fixes the words the notice must use:
“Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.”
The required wording, as published by the ACCC under CC BY 4.0.
A worked example: the noise that came back
An example, not a real case
A driver books a car in for a grinding noise under braking. The repairer quotes in writing, then rings about more work; the driver agrees to that and nothing else. A week after collecting the car, the noise is back. The official pages describe this path.
- Back to the same repairer. Consumer Affairs Victoria’s advice is to speak with the repairer and let them explain or fix the problem, rather than simply taking the car somewhere else. NSW Fair Trading likewise expects owner and repairer to try to settle it between themselves first.
- Ask whether it is the same fault. Victoria reminds owners that a new problem may be unrelated to the work done.
- Gather the papers. Among the documents NSW Fair Trading suggests having ready are quotes and estimates, the job card, invoices and receipts, letters or emails, and any technical report.
- Consider a second opinion. A report on the car from a qualified mechanic carries weight because it comes from a neutral third party, and in Victoria it can be used as evidence at conciliation or at VCAT. The owner normally pays for it.
- Count any other loss. If the failed repair caused the owner a further loss that was reasonably foreseeable, the ACCC says compensation can be claimed for it as well as the remedy. In this example, each extra cost would be weighed against that test.
Paying, and the repairer’s lien
A repairer who is not paid can keep the car until the bill is settled. NSW Fair Trading calls this a possessory lien, also known as a mechanic’s or repairer’s lien. The owner can sue for the car’s return, the repairer can hold it until a court orders otherwise, and the police cannot order its release. Paying while you still disagree does not stop you lodging a dispute with NSW Fair Trading.
Victoria recognises the mechanic’s lien too, and notes that a storage fee may be charged in some cases.
A car left uncollected in Victoria
For a car that is never picked up, Victoria sets rules. Before disposing of it, the business must tell the person who left it, in writing, that it intends to, and then keep the car for 28 days. If it cannot reach that person, it must wait longer, and the car’s value decides what it may then do.
| The car’s value | Further wait if the person cannot be contacted | What the business may then do |
|---|---|---|
| Under $1,000 | 60 days | Sell it, destroy it, or keep it for its own use. |
| $1,000 or more | 180 days | Sell it only, by public auction or private sale; it cannot keep it. An auction is advertised at least 7 days ahead or held over at least 7 days. |
The owner can stop a disposal by paying the charge owed and collecting the car, or by asking a court or VCAT to resolve the dispute.
Agreed prices and a fair cost
There is no price control on car repairs in NSW, but NSW Fair Trading can still investigate a complaint that a repair cost more than was fair. A price agreed before the job starts becomes part of the contract and generally binds both sides, whether the repairer’s costs run over or the owner later learns it could have been done for less.
Where a dispute goes
- NSW. Fair Trading offers free dispute resolution between owners and licensed dealers or repairers. It is voluntary, and the officer cannot order anyone to pay money or hand back a car. A complaint is usually assessed within 30 days. If it stays unresolved, the NSW Civil and Administrative Tribunal can make binding orders, on claims of up to $100,000, with no limit for a dispute about buying a new vehicle. NSW Fair Trading: 13 32 20.
- Victoria. Consumer Affairs Victoria has a step-by-step guide to resolving a complaint, and suggests contacting your insurer if the car is insured.
- Western Australia. Talk to the repairer first; if that fails, the Consumer Protection Contact Centre is on 1300 30 40 54, and a complaint can be lodged with Consumer Protection.