When you hire a removalist in NSW, the law gives you three promises automatically. NSW Fair Trading puts it plainly: consumer guarantees also include removalist services. The job must be done with care. It must do what you asked. It must happen in a reasonable time.
What the law does not give you is insurance for your furniture. It is worth knowing before moving day, not after.
What does Australian Consumer Law guarantee when you hire a removalist?
| Guarantee | What the law says | On moving day |
|---|---|---|
| Care | Provided with due care or skill, taking all necessary steps to avoid loss and damage | Wrapped glass cabinets, padded doorframes, a strapped load |
| Purpose | Fit for any specified purpose, express or implied | Tell them it's a third-floor walk-up, and the crew and gear should suit one |
| Time | Provided in a reasonable time when no time is set | If the contract sets a date and time, hold the removalist to it |
Under Australian Consumer Law, three guarantees apply to services. Translated into moving day:
- Care. The move must be provided with due care or skill, taking all necessary steps to avoid loss and damage. Think wrapped glass cabinets, padded doorframes, a strapped load.
- Purpose. The service must be fit for any specified purpose which can be express or implied. Tell the removalist your new place is a third-floor walk-up and the crew and gear should suit a third-floor walk-up.
- Time. The move must be provided in a reasonable time when no time is set.
You don't pay extra for these or opt in. They apply regardless of any other warranties businesses give or sell you, and a warranty is a voluntary promise that sits on top of them.
The purpose guarantee works best when the removalist knows the job. Stairs, lifts, tight hallways and loading docks all belong in the quote conversation. If you're moving into a tower, our guide to booking a lift and loading dock for a Burwood tower move covers the building side, and moving into a Federation house covers the older-home side.
Does a removalist have to be insured?
The consumer guarantee
- Comes with a household move automatically
- Gives you a remedy from the business when the service falls short
Insurance for your property
- Not required by law
- Most removalists only insure their vehicle
- AFRA-accredited removalists can provide transit insurance: packing, moving and any storage
- Pays out under its own terms, so read them
No. Don't assume the removalist's insurance covers your furniture: removalists are not required by law to provide insurance for your property during a move.
Fair Trading adds that most only insure their vehicle, and it recommends getting your own insurance.
Some removalists offer more. AFRA-accredited removalists have public liability insurance and can provide transit insurance for all goods moved. That transit cover includes packing, moving and any storage, and storage cover can be extended for a separate premium. The same page notes that smaller removalists may not be AFRA members.
So keep the two ideas apart. The guarantee gives you a remedy from the business when the service falls short. Insurance pays out under its own terms, and with any warranty or policy, it's your responsibility to be aware of those terms and conditions.
Two questions belong in every quote you compare: what cover does this price include, and where can I read the terms?
Removalist damaged my furniture, what can I do?
Start with evidence while it's fresh. Photograph the damage, find the inventory and keep your invoice. You have a right to proof of purchase, such as an invoice or a receipt, and it's the first thing anyone will ask to see.
Then look at what the law offers. When a guarantee isn't met, the remedies can include refunds, additional service to fix the problem, and reimbursement for damages and consequential loss in some cases. Which of those you may be entitled to depends on one question: is the problem minor or major?
Is it a minor or a major problem?
| Problem | Can you cancel straight away? | Your other options |
|---|---|---|
| Minor | No. It can be fixed, and the business chooses how to fix it | If the fix takes too long: get someone else to fix it and ask the business to pay reasonable costs, or cancel the service and get a refund |
| Major | Yes. Terminate the contract and request a full refund | Seek reimbursement for the difference between the value of the service you got and the price you paid |
Minor problem. If it can be fixed, the business chooses how to fix it. You cannot cancel and demand a refund immediately. The business gets its chance first. If the fix takes too long, you can get someone else to fix it and ask the business to pay reasonable costs, or cancel the service and get a refund.
Major problem. You can terminate the contract and request a full refund, or seek reimbursement for the difference between the value of the service you got and the price you paid.
Fair Trading gives four tests. A problem is major when it would have stopped you buying had you known, is substantially unfit for purpose and cannot be fixed in a reasonable time, creates an unsafe situation, or does not achieve the specific result you asked for. One is enough.
Removalist late or didn't turn up?
If your contract sets a date and time, hold the removalist to it. If it doesn't, the move must happen in a reasonable time, and what's reasonable depends on the nature of the service, the difficulty of the task and other factors "such as busy periods and public holidays". Reasonable is a judgement about the job, not a set number of hours.
That's one reason we suggest locking in dates early around peak weeks. Our guide to moving house around NSW school holidays walks through the busiest stretches.
- A customer pays a deposit
- The company sets a date
- The company does not arrive or answer
How the page treats itThe business not intending to deliver within a reasonable timeframe
What to doKeep every message you send, and send them in writing
A no-show is a different matter. Fair Trading's own example is a carpet cleaner: a customer pays a deposit, the company sets a date, then does not arrive or answer. The page treats that as the business not intending to deliver within a reasonable timeframe. Keep every message you send, and send them in writing.
When don't the guarantees apply?
| Situation | Covered? | Worth knowing |
|---|---|---|
| You changed your mind, or found it cheaper elsewhere | No | A business must still follow any change of mind policy it has |
| You misused the product, or knew of the fault before buying | No | |
| You did not rely, or it was unreasonable to rely, on the provider's skill or judgement | Not the purpose guarantee | Ask the person who will plan the job |
| Services bought for personal or household use | Yes | |
| A business purchase under $100,000 including GST, or one commonly bought for personal or household use | Yes | Office moves can be covered too |
A change of mind is not covered: the guarantees do not apply if you got what you asked for but changed your mind or found it cheaper elsewhere, although a business must follow any "change of mind" policy it has.
They also do not apply if you misused the product, or knew of the fault before buying.
The purpose guarantee has a catch of its own. It doesn't protect you if you did not rely, or it was unreasonable to rely, on the provider's skill or judgement. Fair Trading's example is relying on a receptionist in a large service company for advice on which service suits you. Ask the person who will plan the job.
Office moves can be covered too. The guarantees cover services bought for personal or household use, and business purchases are covered if they cost under $100,000 including GST or are commonly bought for personal or household use. If you're planning a workplace move, see our office and large home removals page.
What should a removalist quote and contract say?
The quote
The contract, read closely
The guarantees are easier to rely on when the paperwork is clear. Fair Trading says the quote should be written and itemised, and the contract should be read closely. The contract should include a household inventory, pick-up and delivery addresses, dates and times, how payment is made (including whether upfront), and any extra storage costs if there are delays.
That inventory does double duty. It's your packing list now and your evidence later. Our packing timeline helps you build it room by room, and how the hourly rates work explains what to look for in a time-based quote.
Check the claims as well. Removalists must not make false or misleading representations. Statements about qualifications or experience should be supported, and a licence number, if the business is licensed, should appear in its advertising.
How do I complain to NSW Fair Trading or take it to NCAT?
1. Gather your evidence. NCAT lists the invoice or agreement, receipts or quotes, photographs and witness statements.
2. Raise it with the business in writing. Keep copies. You'll need them for the next step.
3. Complain to NSW Fair Trading. Include details of the issue and copies of correspondence showing how you tried to resolve it. Fair Trading may give you information, record the complaint for its compliance programs, or contact the other party. Its phone line runs 8:30am to 5pm Monday to Friday, and the mailing address is PO Box 972 Parramatta NSW 2124.
4. Apply to NCAT if it's still unresolved. NCAT's Consumer and Commercial Division hears consumer claims up to $100,000, and its orders can include payment of money, supply of services and refunds. Watch the clock: you must apply within 3 years of when the cause of action accrued, and the service must have been supplied within the last 10 years. You'll need the business's correct legal name, checked on ASIC's registers. Most people represent themselves.
This guide is general information, not legal advice. For your own situation, talk to NSW Fair Trading or NCAT, or get legal advice, for example from Legal Aid NSW.
The rules and figures in one place
Three guarantees
- Care
- Purpose
- Time
Come with a household move automatically
One gap
- Insurance
Only if you arrange it or the quote includes it
Figures worth remembering
- $100,000
- NCAT hears consumer claims up to this amount
- $100,000
- Business purchases under this, including GST, are covered
- 3 years
- To apply to NCAT from when the cause of action accrued
- 10 years
- The service must have been supplied within this time
Three guarantees, one gap and a few figures worth remembering. The guarantees come with a household move automatically. Insurance doesn't, unless you arrange it or the quote includes it. And the $100,000 marks and the 3-year limit tell you how far the formal route reaches if a problem can't be sorted directly.
Moving soon? Start with a quote you can read
The best time to use these rights is before you need them: a clear, itemised quote, a full inventory, and a straight answer about cover. If you're planning a move, ask Burwood Removals for a written quote through our Get a Moving Quote page, tell us about the stairs, lifts and tricky pieces, and ask what insurance, if any, applies before you book.
Sources
- NSW Government, Choosing a removalist: https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/be-a-smart-consumer/choosing-a-removalist
- NSW Government, Consumer guarantees: https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/guarantees-contracts-and-warranties/consumer-guarantees
- NSW Civil and Administrative Tribunal, Consumer claims: https://ncat.nsw.gov.au/case-types/consumers-and-businesses/consumer-claims.html
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