How to lodge a fair trading complaint in Western Australia
Fair trading complaints in Western Australia are handled by Consumer Protection (part of the Department of Mines, Industry Regulation and Safety). You can lodge a complaint online or by phone if a trader has breached the Australian Consumer Law — including defective goods, misleading advertising, or unfair contract terms.
The framework
The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) as applied in WA by the Fair Trading Act 2010 (WA).
The process
Attempt to resolve the issue with the trader
Contact the trader in writing, explain the issue, state the outcome you want (refund, repair, or replacement), and set a reasonable deadline of 14 days.
Gather your evidence
Collect receipts, tax invoices, contracts, photos of the defective item, advertising material, and all correspondence with the trader.
Confirm Consumer Protection handles your complaint type
Consumer Protection WA covers goods, services, motor vehicles, real estate, retirement villages, and product safety. Financial complaints go to AFCA.
Lodge your complaint with Consumer Protection WA
Submit your complaint via the Consumer Protection website, call 1300 30 40 54, or visit a regional office. Provide trader details, a description of the issue, and supporting documents.
Receive complaint acknowledgement
Consumer Protection will acknowledge receipt and provide a complaint reference number, usually within 5 business days.
Complaint assessment
Consumer Protection reviews the complaint, determines whether the trader may have breached the ACL, and decides whether to proceed with conciliation.
Conciliation with the trader
A conciliation officer contacts the trader to negotiate a resolution. This process is voluntary and depends on the trader's willingness to engage.
Decide whether to accept the outcome
If the trader makes an offer during conciliation, you can accept or reject it. If conciliation fails, Consumer Protection advises you of further options.
Apply to the Magistrates Court or SAT
If unresolved, lodge a minor case claim in the Magistrates Court (up to $75,000) or apply to the State Administrative Tribunal (SAT) for certain regulated industries.
Consumer Protection may take enforcement action
For serious or repeated breaches, Consumer Protection can issue infringement notices, seek enforceable undertakings, or commence prosecution proceedings.
Forms and templates
Common mistakes
- Not contacting the trader first — Consumer Protection expects you to try direct resolution
- Lodging financial services complaints with Consumer Protection instead of AFCA
- Not keeping written records of all interactions with the trader
- Missing the limitation period — most ACL claims must be brought within 3 years
- Not understanding the difference between a manufacturer warranty and statutory consumer guarantees
Get this process right with Quillio
Quillio helps you draft complaint letters to traders, prepare court claims, and identify which consumer guarantee applies. See /practice-areas/consumer-lawyers or start a free trial.
This guide is general information about fair trading complaints in Western Australia — not legal advice. Seek professional advice for complex or high-value disputes.
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