Australia — Australian Consumer Law consumer guarantees

The clocks it starts

• Six years to sue (State and Territory limitation legislation)Varies by jurisdictionThe ACL itself sets no limitation period for a s 267 action against a supplier of services — s 236(2) supplies a six-year period, but only for Chapter 2 and Chapter 3 contraventions such as misleading or deceptive conduct, and s 273 covers only actions against manufacturers of goods. A consumer-guarantee claim therefore runs on the general limitation legislation of the relevant State or Territory, which is six years for contract in each of them. Verify the position in your State before relying on the last few months of it.Australian Consumer Law, s 236(2) (6-year limitation for Chapter 2 and 3 contraventions) — s 236(2) (6-year limitation for Chapter 2 and 3 contraventions)Limitation period

What it entitles you to, beyond money

• Ask the airline to fix it, then fix it yourself and bill themSection 267(2): require the airline to remedy the failure within a reasonable time. If it refuses or fails, you may have the failure remedied elsewhere and recover all reasonable costs from the airline, or terminate the contract. Make the request in writing, at the airport if you can, and keep it — the request is the precondition to the recovery.s 267 (action against suppliers of services)
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

Where to take it next

1. 01Written claim to the airlineFrame it as a consumer-guarantee claim, not a compensation request. Identify the guarantee (s 60, s 61 or s 62), say why the failure is major under s 268 if it is, state which s 267 remedy you elect, and itemise the s 267(4) loss with receipts.Claim direct·typically 21 days
2. 02Airline Customer AdvocateA free, independent facilitation service for unresolved complaints against the major Australian airlines. It confirmed it was operating in August 2026. It facilitates rather than determines, and it requires you to have complained to the airline first — but airlines answer it, and its file is useful at a tribunal.Alternative dispute resolution·typically 30 days·official page
3. 03ACCC or your State fair trading officeThe ACCC states that it does not resolve individual complaints about delayed or cancelled travel — it acts on systemic conduct. Report it anyway, because the pattern data drives enforcement, but do not wait for it. Your State or Territory fair trading office may conciliate individual disputes, which the ACCC will not.Regulator·typically 60 days·official page
4. 04State or Territory civil and administrative tribunalBinding on themThis is where Australian air passenger claims are actually decided. NCAT hears consumer claims up to AUD 100,000; QCAT hears minor civil disputes up to AUD 25,000; VCAT's civil claims list publishes no monetary cap. Filing fees are modest and lawyers are usually not permitted. One trap: tribunals are not Chapter III courts, so a dispute between residents of different States can fall outside their jurisdiction — if you and the airline are in different States, take advice on whether a court is the right forum.Small claims·typically 120 days