By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Consumer and competition enquiries can involve a faulty purchase, advertising, sales practices, contract terms or conduct between businesses. Explain whether you are a purchaser, seller, supplier or competitor, and what actually happened. The legal question depends on the transaction and conduct, not just whether someone used the words warranty, refund or unfair. Keep the relevant representations and documents available.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find competition & consumer law providers →Separate the promise, the problem and the response
Record what was advertised or agreed, what was supplied and how it differs. Keep receipts, terms, product details and correspondence. Explain what response you requested and what the business offered. If a service is involved, identify the agreed work and the part you say was not completed or performed as expected. This produces a clearer starting point than a general complaint that the purchase was disappointing.
Ask which pathway fits the issue
The ACCC provides consumer-rights information but does not resolve individual disputes. Ask an adviser about the relevant complaint, negotiation or court/tribunal pathway and what evidence it requires. A business-to-business disagreement may raise different questions from an ordinary retail purchase. If competition conduct is the concern, describe the relationship between businesses and the specific communications rather than making a broad accusation.
Clarify the desired remedy and ongoing risk
Explain whether you want an explanation, repair, replacement, refund, compensation or review of business practices. An adviser must assess what is available; your preferred outcome is not proof of entitlement. Businesses should also identify whether the practice affects more than one customer and whether documents or website wording need review. Separate urgent risk management from the longer dispute-resolution task.
Distinguish an individual remedy from a market-conduct concern
A consumer wanting a refund and a business concerned about misleading advertising may both use this category but need different advice. State whether the problem is a particular transaction, a repeated sales practice or a proposed business arrangement. For an individual dispute, identify the product or service, what was represented and the remedy requested. For business advice, provide the actual advertisement, terms or arrangement before it is released. The ACCC explains the law and receives reports, but reporting conduct should not be confused with obtaining a personal remedy.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A customer has an appliance repair offer but believes the fault is more extensive. They provide the purchase date, fault history and seller's response, then ask for advice about the appropriate remedy rather than assuming a particular result.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
My concern relates to [a purchase, advertisement or business practice]. The relevant representation or term is [brief description], and I want [remedy or pre-publication review]. Can you advise on the appropriate consumer or competition issue and the first practical step?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about competition & consumer law
Does a warranty replace consumer rights?
The ACCC distinguishes warranties from consumer guarantees. Ask how the applicable rules interact with the actual transaction.
Can a business ask for consumer-law advice?
Yes, explain whether you need advice as a purchaser, supplier or business responding to a complaint, so the office can assess the work.
Further reading and scope
ACCC: problems with a product or service
Australia; consumer complaint and remedy information, not individual representation.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.