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VIC · Consumer Law

How to lodge a fair trading complaint in Victoria

In short

Fair trading complaints in Victoria are handled by Consumer Affairs Victoria (CAV). You can lodge a complaint online, by phone, or in writing if a trader has breached the Australian Consumer Law — for example, misleading conduct, faulty goods, or unfair contract terms. CAV may attempt conciliation before escalating to VCAT or enforcement action.

Who: Victorian consumers who have been sold faulty goods, experienced misleading conduct, or had a dispute with a trader operating in Victoria. Also relevant for businesses that suspect a competitor of unfair trading practices.
Where: Consumer Affairs Victoria (online, phone 1300 55 81 81, or regional offices). If conciliation fails, apply to VCAT Civil Claims List.
Time: CAV typically acknowledges complaints within 5 business days. Conciliation can take 4-8 weeks. VCAT hearings are usually listed within 2-4 months of filing.
Fees: Lodging a complaint with CAV is free. VCAT filing fees start from approximately $65 for claims under $15,000.
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Legal basis

The framework

The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) as applied in Victoria by the Australian Consumer Law and Fair Trading Act 2012 (Vic).

10 steps

The process

1

Try to resolve the issue directly with the trader

Contact the trader in writing (email or letter) setting out the problem, what you want (refund, repair, replacement), and a reasonable deadline (usually 14 days).

You
2

Gather your evidence

Collect receipts, contracts, photos of defective goods, screenshots of advertisements, and any correspondence with the trader.

You
3

Check that CAV handles your type of complaint

Consumer Affairs Victoria handles complaints about goods, services, motor vehicles, residential building, and estate agents. Some matters (e.g. financial services) go to AFCA instead.

You
4

Lodge your complaint with Consumer Affairs Victoria

Submit your complaint online via the CAV website, call 1300 55 81 81, or visit a regional office. Provide the trader's details, your evidence, and the outcome you want.

You
5

Receive your complaint reference number

CAV will acknowledge your complaint and provide a reference number. Keep this for all future correspondence.

CAV
6

CAV assesses the complaint

CAV reviews the complaint to determine whether it falls within their jurisdiction and whether the trader may have breached the Australian Consumer Law.

CAV
7

Conciliation between you and the trader

If appropriate, CAV will contact the trader and attempt to conciliate the dispute. This is voluntary — the trader is not compelled to participate.

CAV conciliator
8

Accept or reject the conciliation outcome

If the trader offers a resolution during conciliation, you can accept or reject it. If you reject it, CAV will advise you of your next options.

You
9

Apply to VCAT if conciliation fails

If the complaint is not resolved, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a binding determination. Filing fees apply.

You or your lawyer
10

CAV may take enforcement action

For serious or widespread breaches, CAV may take its own enforcement action against the trader, including infringement notices, enforceable undertakings, or court proceedings.

CAV
Avoid these mistakes

Common mistakes

  • Not attempting to resolve the issue with the trader first — CAV expects you to try
  • Lodging with CAV when the complaint relates to financial services (AFCA handles those)
  • Not keeping written records of communication with the trader
  • Missing VCAT limitation periods — most consumer claims must be filed within 3 years
  • Confusing a product warranty with a consumer guarantee under the ACL
Use with Quillio

Get this process right with Quillio

Quillio helps you draft letters of demand to traders, prepare VCAT applications, and identify which consumer guarantee applies to your situation. See /practice-areas/consumer-lawyers or start a free trial.

This guide is general information about lodging a fair trading complaint in Victoria — not legal advice. Seek professional advice for complex disputes or significant amounts.

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