General division case studies

Case study 1: Course cancellation

Under the Consumer Claims Act 1998, students may apply to the CTTT for an order for a refund of the course fees in the event that the course is cancelled.

A group of 19 international students enrolled in a Certificate III in Aged Care course run by a education provider in New South Wales.  The qualification would enable the students to gain employment in the aged-care sector such as in nursing homes, hostels or community run aged-care services.  The course was advertised and promoted by an agent who collected the students’ fees and arranged for their enrolment.

Midway through the semester, the course provider suspended the Aged Care Certificate course without explanation.  Some of the students had completed the course before it was suspended, however the course provider refused to issue certificates to those students.  The remaining students were only part way through their course and did not know when or if they would be able to resume and complete their studies.

The students lodged an application at the CTTT for orders that the course provider either resume the course or refund the course fees.  Further orders were sought for the course provider to give certificates to those students who had completed the course.

After hearing evidence from the students, the agent and the course provider, the Tribunal Member found that the course was suspended as a result of a commercial dispute between the agent and the course provider.  Provisions under the Consumer Claims Act 1998 allowed the Tribunal Member to find against both the agent and the course provider.  Orders were then made that the course provider issue certificates to the four students who had completed the course, and that the agent refund the course fees to the 15 students who had not completed the course.

Case study 2: Tutoring services

When a supplier enters into a contract with a consumer to supply goods or services they have a responsibility to do so.  The CTTT can make orders where goods and services have not been provided in accordance with the contract between a supplier and consumer.

A man with a teenage son studying for his HSC engaged the services of a local mathematics tutoring service. The father was asked to pay the company a $500 deposit.  He was informed via email that he would be contacted by a post-graduate university student to organise a time to begin the tutoring.  Three weeks had passed and no contact had been made.  The father tried to contact the tutoring service by telephone and email and did not receive a response. 

The father then lodged an application at the CTTT seeking the return of the deposit as the services promised by the tutoring organisation had not been supplied.

At the hearing, only the father had appeared and no one from the tutoring company attended.  The Tribunal Member was satisfied that the tutoring company had been notified of the hearing and that the matter could proceed in the absence of the company.  After hearing the father's evidence, the Tribunal Member found that the tutoring company failed to provide the services it agreed to and made an order directing the tutoring company to pay the father the sum of $500 immediately.

The tutoring company did not comply with the order and the father requested a certified copy of the Tribunal order to enable him to take enforcement action in the Local Court.