PLEASE NOTE: The following information on this website does not constitute legal advice in any way, but is simply general information to assist people in seeking recourse from any business that has failed to provide services and/or products for which people have paid. We make no representation (expressly or by way of innuendo) that any party named herein is liable in any way.

If you have a contract for the provision of business services and/or products with a business that has failed to provide you with such services and/or products, the following information may help you.

What Can You Do If a Business Has Failed to Provide You with Services and/or Products for which You Have Paid?

Generally speaking, and depending on the particular circumstances, if you have paid a company for services and/or products that you have not yet received (or if you have only partially received them, or received them but they are at a sub-standard), there are numerous causes of action to which a person may resort. Generally, such causes of action may include the following (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has any liability under such causes of action):
  • Breach of Contract (and if you have received nothing, this is Total Failure of Consideration)
  • Money Had and Received & Indebitatus Assumpsit (if you have received nothing)
  • Misleading and Deceptive Conduct, under section 18 and pursuant to section 236 of the Competition & Consumer Act 2010 (Cth) – The Australian Consumer Law
  • Unconscionable Conduct, under section 22 and pursuant to section 236 of the Competition & Consumer Act 2010 (Cth) – The Australian Consumer Law
  • Unjust Enrichment in Equity
  • Tort of Unlawful Interference with Contract (if a person within a company has prevented the contract between you and that company from being performed)
  • Tort of Conversion (if that company has produced the products but has failed to deliver them to you)

What You May Need to Do

If you have paid for services and/or products that you have not received, partially received them, or received them but they are at a sub-standard, it is important that you safeguard your legal rights (PLEASE NOTE: The following are only suggestions and do not constitute legal advice in any way):

  1. Contact the business in writing (stating the issue and how you wish to resolve the problem).
  2. Send a letter of demand to the business. (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has engaged in any activity that warrants the engagement of a lawyer.) We can refer you to a lawyer who can assist you with this.
  3. Contact the Australian Competition & Consumer Commission, which is the organisation that deals with breaches of the Competition & Consumer Act 2010 (Cth) – The Australian Consumer Law. (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has breached the Australian Consumer Law.) A complaint may be made at the ACCC website.
  4. Contact the Australian Securities & Investment Commission, which is the organisation that deals with breaches under the Corporations Act 2001 (Cth). (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has breached the Corporations Act 2001 (Cth).) A report may be made at the ASIC website.
  5. Engage a lawyer. (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has engaged in any activity that warrants the engagement of a lawyer.) We can refer you to a lawyer who can provide you with legal advice of your prospects of success in resolving the matter, and who can represent you in your matter, if required.
  6. Commence proceedings. (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has engaged in any activity that warrants legal action.) We can refer you a lawyer who can assist you in relation to drafting, filing and serving pleadings (a Claim and Statement of Claim).
  7. Contact ScamWatch. (PLEASE NOTE: We make no representation, expressly or by way of innuendo, that any party named herein has engaged in any scam.) A report may be made at the ScamWatch website.
  8. Make a formal complaint to the Police. (PLEASE NOTE: a formal complaint to the Police can be made ONLY if you believe that a criminal offence has been committed, because it is important that the criminal justice system is not prevented from operating in any particular instance. We make no representation, expressly or by way of innuendo, that any party named herein has engaged in any illegal conduct.) For your convenience, any such formal complaint can be made as follows:

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