General
The General Division deals with consumer claims against a business about the supply of goods or services up to the value of $30,000, disputes about long-term casual occupants of a holiday park, pawnbrokers and second-hand dealers disputing a person's claim to suspected stolen goods, and conveyancing costs disputes.
Consumer Claims
Applications
Consumer claims against businesses regarding the supply of goods or services make up the bulk of disputes dealt with in the General Division. A consumer’s claim must be against a supplier carrying on a business and not a private person. The CTTT has jurisdiction under the Consumer Claims Act 1998 to determine disputes about any goods or services, including goods purchased over the internet up to the value of $30,000.
The General Division (consumer claims) can hear and determine applications from consumers only. To lodge a consumer claim in the General Division you can:
- Lodge your application online
- Download a General Division consumer claim application form (PDF size: 517kb)
- Collect an application form in person from any CTTT Registry or Fair Trading Centre.
- After lodging your application with the CTTT, you can expect a first hearing within 6 weeks.
Disputes
The General Division hears application from consumers against a business regarding the supply of goods and services up to the value of $30,000.
Read case studies that have been developed to illustrate how consumer claim disputes are resolved.
Note: All consumer claims about motor vehicles are dealt with under the Motor Vehicles Division.
Orders
The types of orders the CTTT can make under section 6 of the Consumer Claims Act 1998 are:
- An order for money to be paid
- An order that money owed does not have to be paid
- An order for goods or services to be provided
- An order to fix or replace faulty goods
- An order for a refund and the goods to be returned.
Other disputes
Conveyancing
Conveyancing work is legal work carried out in connection with any transaction that creates, varies, transfers or extinguishes a legal or equitable interest in any real or personal property. Disputes about costs payable in respect of conveyancing work may be determined by the CTTT. The CTTT can hear and determine conveyancing applications from both consumers and conveyancers.
Download a General Division conveyancing application form (PDF size: 517kb)
Holiday parks (long-term casual occupation)
A long-term occupant is a person who leaves their holiday van in a caravan park and uses it regularly on weekends or for holidays. The CTTT can hear and determine holiday parks applications from both park owners and long-term occupants on disputes under occupation agreements.
Under the Holiday Parks (Long-term Casual Occupation) Act 2002 the CTTT can make a range of orders such as restraining someone from breaching the terms of an occupation agreement, order for the payment of money or taking some action to remedy a breach, payment of compensation and, where appropriate, termination of the agreement and orders for the disposal of any abandoned goods.
Download a General Division holiday parks (long term occupants) application form (PDF size: 319kb)
Pawnbrokers and second-hand dealers
Pawnbrokers and second-hand dealers lend money in exchange for goods as security. If a person identifies their goods in a pawnbrokers or second-hand dealers premises that have been stolen, may report the theft to the Police. The Police may then serve the pawnbroker or second-hand dealer with a Restoration Notice requiring the goods to be returned to their rightful owner within 28 days.
Pawnbrokers and second-hand dealers may apply to the CTTT to dispute a person's claim to the goods.
Download a General Division pawnbrokers and second-hand dealers application form (PDF size: 394kb)
Jurisdictional limits
In the General Division, the CTTT has jurisdiction to determine consumer claims disputes up to the value of $30,000. The cause of action accrued must be no more than 3 years, and the goods or services were supplied no more than 10 years before the date the application is lodged.
Refer to the legislation for jurisdictional limits for disputes concerning holiday parks, pawnbrokers and secondhand dealers and conveyancing disputes.
Legislation
The legislation that covers these types of disputes are listed below:
- Consumer Claims Act 1998
- Holiday Parks (Long-term Casual Occupation) Act 2002
- Pawnbrokers and Second-hand Dealers Act 1996
- Conveyancers Licensing Act 2003
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