How to lodge a Fair Trading complaint in NSW
NSW Fair Trading handles consumer complaints about goods, services, home building, motor vehicles, and retail leases in NSW. You first try to resolve the matter directly with the business, then lodge a complaint online with Fair Trading, which can mediate and, in some cases, take disciplinary action or refer the matter to NCAT.
The framework
Fair Trading Act 1987 (NSW). The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) is applied as a law of NSW by Part 3 of the Fair Trading Act. Additional regimes include the Home Building Act 1989 (NSW) and the Motor Dealers and Repairers Act 2013 (NSW).
The process
Contact the trader first
NSW Fair Trading generally expects consumers to attempt resolution directly with the business before complaining. Put concerns in writing and keep a copy.
Gather supporting documents
Collect receipts, contracts, warranties, invoices, photographs of defects, and copies of any correspondence.
Identify the correct business
Get the full legal name, ABN/ACN, and trading address. ASIC search results help identify the correct legal entity.
Check that Fair Trading has jurisdiction
NSW Fair Trading handles most consumer and home building matters. Some areas — such as utilities or banking — are handled by specialist ombudsmen.
Lodge the complaint online
Use the NSW Fair Trading online complaint form at fairtrading.nsw.gov.au. Describe the issue, attach evidence, and state the outcome sought.
Receive acknowledgment and case officer contact
Fair Trading acknowledges the complaint and allocates a case officer who may contact both parties.
Respond to information requests
Provide any additional information requested by the case officer promptly.
Participate in dispute resolution
Fair Trading offers free informal mediation. Most disputes are resolved at this stage without the need for tribunal proceedings.
Consider NCAT if unresolved
If the trader will not resolve the complaint, Fair Trading may advise you to lodge an application in the Consumer and Commercial Division of NCAT.
Note Fair Trading's enforcement role
Separately from your dispute, Fair Trading can take enforcement action against traders under the Fair Trading Act 1987 and Australian Consumer Law — including warnings, penalty notices, and court proceedings.
Common mistakes
- Lodging without first contacting the trader
- Providing incomplete evidence
- Complaining about matters outside Fair Trading's jurisdiction
- Missing the 3-year limitation period to then take the dispute to NCAT
- Expecting Fair Trading to order a refund — it mediates; NCAT makes enforceable orders
Get this process right with Quillio
Quillio drafts Fair Trading complaint letters and NCAT follow-on applications, and tracks time limits under the Australian Consumer Law. See /practice-areas/civil-litigation-lawyers.
General information only — not legal advice. Complex consumer disputes may warrant direct NCAT or court proceedings.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial