Module 07When Things Go Wrong

Even careful buyers hit problems. Know where to go before you need to.

A vendor who hid a defect. A lender who got it wrong. A tenant who stops paying and won't leave. An agent who quoted a price with no basis. Australia's redress system is actually comprehensive — but it's fragmented across state and federal bodies, and most owners have no idea where to start.

This module maps it, so if something goes wrong, the first decision is already made.

New here? Ava can guide you through each scene aloud — press Listen, or just read.

Ava

§ 02 Four kinds of dispute

Each goes to a different door.

Fig. 01 Dispute → where it goes

Tenancy — rent, bond, repairs

→

State tribunal

Finance — lender, broker, hardship

→

AFCA

Agent — underquoting, fees, conduct

→

State regulator

Contract / vendor — non-disclosure

→

Solicitor → court

Filing with the wrong body costs weeks. Knowing the right one in advance is the whole point.

Ava

§ 03 Tenancy → your state tribunal

Low-cost, no lawyer needed, binding.

Fig. 02 The tribunal in your state

VictoriaVCAT

NSWNCAT

QueenslandQCAT

South AustraliaSACAT

WAMagistrates / SAT

ACTACAT

NTNTCAT

Filing fee~$50–$100

Hearings are built to work without a lawyer, decisions are binding and enforceable, and most landlord-tenant disputes resolve here.

Verify current

Filing fees and which body holds tenancy jurisdiction change — check the relevant state tribunal's site before relying on specifics.

Ava

§ 04 Finance → AFCA

Free, binding, and faster than court.

Fig. 03 Australian Financial Complaints Authority

Free

to consumers · binding on the firm · up to $1,085,000 (general limit, indicative)

1

Complain to the firm first — they get 30 days (45 for some types).

2

Not resolved? Escalate to AFCA.

3

AFCA can order compensation, change loan terms, or remove an adverse credit listing.

Limits are reviewed

AFCA's monetary limits are reviewed periodically — confirm the current figure at afca.org.au.

Ava

§ 05 Agent → state regulator

They can discipline. They can't pay you.

Fig. 04 Where agent complaints go

NSWFair Trading

VICConsumer Affairs

QLDOffice of Fair Trading

WADMIRS

SACBS

Common issueUnderquoting

Regulators investigate, fine, and can suspend a licence — but can't award you compensation (that needs a tribunal or court). Keep records of every written representation the agent made.

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§ 06 Vendor non-disclosure

Timing decides what you can do.

Fig. 05 Before vs after settlement

Before settlement

May rescind & recover deposit
Or seek a price adjustment

After settlement

Much more limited & contested
Usually: prove breach & sue for damages

Don't delay

The moment you suspect non-disclosure, call your solicitor. Limitation periods apply in every state — acting slowly shrinks your remedies. This isn't a decision to make without legal advice.

Ava

§ 07 Hardship

If repayments get hard — ask early.

Lenders are obliged under credit law to consider hardship applications for genuine difficulty — illness, job loss, relationship breakdown. The key move: contact the hardship team proactively, before the first missed payment.

Fig. 06 What a lender can offer

Reduced repayments

temporary

relief

Extend interest-only

relief

Extend the loan term

lowers the periodic repayment

relief

Declined unfairly? Escalate to AFCA. Keep a documented trail — dates, what you asked, what was offered, what was refused.

Ava

§ 08 When to get a lawyer

Sometimes legal advice is the cheap option.

Not every dispute needs a solicitor — a $3,000 bond fight doesn't. But sometimes legal advice is the cheapest route to the right outcome. Get one when:

›

More than $50,000 at stake and the other side is lawyered up.

›

You're considering rescinding a contract.

›

There's a fraud element.

›

Defective title, an unresolved caveat, or a competing claim.

›

A developer dispute — off-the-plan, insolvency, sunset-clause abuse.

A first consult is usually $200–$400 (indicative) and typically tells you whether the matter's worth pursuing, and how.

Ava

§ 09 Prevention beats resolution

The cheapest dispute never happens.

✓

Use a licensed conveyancer — never DIY.

✓

Read the full contract before exchange.

✓

Building & pest before cooling-off expires.

✓

Verify bank details by phone before every transfer.

✓

Use a licensed property manager for investments.

✓

Keep copies of every document, agreement and payment.

Remember the three doors

Tenancy → your state tribunal. Finance → AFCA. Agent conduct → your state regulator. Know the names before you need them.

Ava

Module 07 complete

You know which door to knock on.

Dispute types, state tribunals, AFCA, agent regulators, non-disclosure remedies, hardship and when to lawyer up. Next: building a portfolio.

Continue to Module 09 All modules