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Mis-sold a course or coaching in Australia? How to get your money back

By CourseKiln Editorial·Published ·3 min read

In Australia your strongest lever is the consumer guarantees under the Australian Consumer Law, because they apply whether or not the seller offers a refund, and a "no refund" sign is itself unlawful. A service has to be delivered with due care and skill and be fit for its purpose. If there is a major problem, the course cannot be delivered, or it is fundamentally different from what was described, you can choose a refund or to cancel. A minor problem gets you a free fix rather than your money back, and simply changing your mind is not a ground.

Card chargeback. Back the guarantee with a card dispute. Chargeback covers Visa, Mastercard and Amex, credit and debit, for a service not received or not as described, or a seller that stops operating. It does not cover BPAY, direct debit or bank transfer. Time limits run by scheme, generally 45 to 120 days, so move quickly. If your bank refuses a valid claim, take it to the Australian Financial Complaints Authority at afca.org.au.

Cooling-off only if they came to you. There is no general cooling-off right for something you sought out and bought online. A mandatory 10-business-day cooling-off right does apply if the seller contacted you unsolicited, by phone or in person away from their premises, and the deal was over one hundred dollars. If they broke those rules by charging you during the period, it can stretch to three or six months.

No Section 75 equivalent. Australia has no statute making your card issuer jointly liable. Protection runs through the chargeback scheme and the consumer guarantees against the seller.

Where to complain. Report misleading conduct to the ACCC at accc.gov.au, though it acts on patterns rather than your individual case. For an actual refund decision, the low-cost state tribunals are the route, NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland and the equivalents, reached through your state fair-trading office.

A letter to start the claim. Send this to the seller, then back it with a chargeback if they refuse.

Dear [seller],

On [date] I paid [amount] for [the course or coaching]. Under the Australian Consumer Law a service must be supplied with due care and skill and be fit for the purpose I was led to expect. This service [had a major failure / was not as described], so I am entitled to a refund, and a blanket "no refunds" policy does not override that right. Please refund [amount] within [14] days. If you do not, I will lodge a card chargeback and report the matter to the ACCC and my state fair-trading office.

[Your name]

A version to ask a seller for proof before you ever pay is on letters you can send.

Then check the next seller before you pay: proof you did not make yourself.

Common questions

The seller says all sales are final. Is that legal in Australia?

No. A blanket "no refund" sign is itself unlawful, because the consumer guarantees under the Australian Consumer Law apply whether or not the seller offers refunds. For a major failure, where the course cannot be delivered or is fundamentally different from what was described, you can choose a refund. A minor problem gets a free fix, and simply changing your mind is not a ground.

Does a chargeback work if I paid an Australian course by bank transfer?

No. Chargeback covers Visa, Mastercard and Amex, credit and debit, but not BPAY, direct debit or bank transfer, which is a strong reason to pay coaching by card. Scheme time limits generally run 45 to 120 days, so move quickly, and if the bank refuses a valid claim, take it to the Australian Financial Complaints Authority.

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