Chambers v Get Qualified Australia Pty Ltd

The matter of Chambers v Get Qualified Australia Pty Ltd was heard in the Australian Consumer and Competition Commission (ACCC). The applicant, Chambers, sought a discretionary refund from the respondent, Get Qualified Australia, after cancelling a contract for supply of services within 24 hours. The respondent refused to provide a refund, arguing that it had no discretionary policy for such refunds. The applicant claimed that the respondent’s refusal was unfair and in breach of the Australian Consumer Law.

The primary legal issue before the ACCC was whether the respondent was required to provide a discretionary refund under the Australian Consumer Law. Specifically, the court needed to determine whether the respondent's refusal to provide a discretionary refund constituted an unfair contract term, and whether it was in breach of the statutory provisions concerning consumer protections. The court also considered whether the respondent's contract was a standard form contract and if it contained any unfair terms.

The ACCC found that the respondent's contract did not include a discretionary refund policy, and that the refusal to provide such a refund was unfair. The court noted that while the respondent had a right to refuse a refund, the lack of any discretionary policy made the refusal unreasonable. Furthermore, the court held that the absence of a discretionary refund policy constituted an unfair term under the Australian Consumer Law. The ACCC ordered the respondent to pay the applicant a refund of $1,837.50.