Your Rights

Hired a Bad Tradie? Your Rights Under Australian Consumer Law

8 min read - Updated April 2026

The tiles are cracked. The paint is peeling after two weeks. The plumber left and now water drips through the ceiling. You have paid thousands and the tradie is not returning your calls.

You are not stuck. Australian Consumer Law gives you real, enforceable rights when a tradie delivers substandard work. Here is exactly what to do, step by step.

What the Law Actually Guarantees You

The Australian Consumer Law (ACL), which applies in every state and territory, provides automatic guarantees when you pay for services. These are not optional extras. The tradie cannot contract out of them, even with fine print in a quote.

Guarantee of acceptable quality

The work must be finished to a standard that a reasonable person would consider acceptable. A tiling job with lippage you can feel underfoot is not acceptable. A paint job with visible brush marks and drips is not acceptable. You do not need to be an expert to know when work is below standard.

Fit for purpose

If you told the tradie what you needed the work for, it must actually achieve that. If you said "I need waterproofing for a wet area" and the shower leaks within six months, the work was not fit for purpose.

Done within a reasonable time

If no completion date was agreed, the work must be finished within whatever timeframe a reasonable person would expect. A three-day painting job dragging out to six weeks is not reasonable.

Done with reasonable care and skill

The tradie must apply the level of skill and care expected of someone qualified to do that work. Crooked shelves, misaligned tiles, exposed wiring, and leaking pipes all fail this test.

Key point: These guarantees apply regardless of what the tradie's quote, contract, or terms say. A clause like "no refunds once work begins" does not override Australian Consumer Law. It is illegal for a tradie to tell you otherwise.

1 Put Your Complaint in Writing

Call the tradie first if you want, but follow up immediately with an email or text message. You need a written record. Phone calls are your word against theirs.

Your written complaint should include:

Send it by email so you have a timestamp. Keep a copy of everything. Screenshot text messages. Save voicemails. This evidence matters if you end up at VCAT.

Do not pay the final invoice for incomplete or defective work. If you have not paid the full amount yet, withhold the final payment until the issue is resolved. You are entitled to do this under the ACL when services have not met the consumer guarantees.

2 Give Them a Chance to Fix It

For minor failures (the work is not great but fixable), the tradie has the right to come back and make it good. You must give them a reasonable opportunity to do so.

If the failure is major - meaning the work is so bad you would not have hired them if you had known, or it cannot be fixed, or it creates an unsafe situation - you can skip straight to demanding a refund. You do not have to let them attempt a repair on a major failure.

What counts as a major failure?

What counts as a minor failure?

3 Contact Consumer Affairs Victoria

If the tradie ignores your complaint, refuses to fix the work, or denies responsibility, contact Consumer Affairs Victoria.

Consumer Affairs Victoria
Phone: 1300 55 81 81
Website: consumer.vic.gov.au
Hours: Monday to Friday, 8:30am to 4:30pm

Consumer Affairs Victoria can:

They handle thousands of tradie complaints every year. They know the common tactics and excuses. Use them.

4 Lodge a VCAT Claim

If mediation through Consumer Affairs Victoria does not resolve it, your next step is the Victorian Civil and Administrative Tribunal (VCAT). This is not a courtroom with barristers. VCAT is designed for everyday people to resolve disputes without needing a lawyer.

For claims under $10,000 (Civil Claims)

For building work over $10,000

Domestic building disputes over $10,000 go through Domestic Building Dispute Resolution Victoria (DBDRV) before they can proceed to VCAT. This is a mandatory conciliation step.

Collecting Evidence That Wins Cases

VCAT members make decisions based on evidence. The stronger your documentation, the better your outcome. Start collecting from the moment you notice the problem.

Photos and video

Written communication

Independent assessments

When to Involve Your Home Insurance

Your home insurance may cover damage caused by defective trade work, but not the cost of redoing the work itself. Check your policy for:

Contact your insurer early. They may subrogate the claim (pursue the tradie's insurer on your behalf), which saves you the hassle of VCAT entirely.

Do not hire another tradie to redo the work before documenting everything. Once the defective work is removed or covered up, your evidence disappears. Photograph it, get independent quotes, and only then proceed with repairs.

Timeline: How Long Does This Take?

Most disputes resolve before VCAT. Once a tradie receives a VCAT application, they know you are serious. Many settle at that point because a VCAT order against them is public record and damages their reputation.

Quick Reference: Your Action Plan

  1. Document the problem (photos, videos, notes)
  2. Write to the tradie describing the defects and what you want done
  3. Give them a reasonable chance to fix minor issues
  4. If they refuse or ignore you, call Consumer Affairs Victoria on 1300 55 81 81
  5. For building work over $10,000, apply to DBDRV for conciliation
  6. If still unresolved, lodge a VCAT claim ($65.40 for under $10,000)
  7. Gather evidence: independent quotes, inspector reports, all written communication
  8. Attend VCAT, present your evidence, and let the tribunal decide

Prevent problems before they start. Our guide to vetting tradies in Victoria covers licence checks, insurance verification, and the red flags to watch for. And if you want to know whether the quote you received is fair, check our 2026 Melbourne tradie price guide.

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