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QLD Australian Consumer Law - Continuation of Studies With Already Paid Fees?

Discussion in 'Australian Consumer Law Forum' started by Melsenter, 25 July 2016.

  1. Melsenter

    Melsenter Member

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    Hi there,

    I've got myself into a pickle and I'm pretty sure there's no way out, but I might as well try.

    I enrolled for the certificate 4 course at Australian Institute of Fitness over a year ago, but I signed up at the wrong time as I was living on a remote island and my laptop broke. I had no access to a computer or Internet to study and made correspondence with my online coach to tell them I had intentions of studying face-to-face when I got back to the mainland.

    I recently moved back and the institute tells me that I can only extend my studies for 3 more months, they also said it would be impossible to complete it in this time, so I pretty much have to pay $7000 all over again.

    I offered to pay whatever extra the course has become but they say that I've got no choice so my money has gone to waste.

    Under Australian Consumer Law, is there by some miracle a way I can continue my studies, using the already paid fees, considering my circumstances?
     
  2. Rod

    Rod Well-Known Member

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    Doesn't sound right. But you need a lawyer to review the conditions of the contract.
     
  3. @thelawbundle

    @thelawbundle Well-Known Member

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    Hi Melsenter,

    If you search this site for "Australian Institute of Fitness" you should find some stories of people who've had successful outcomes with this provider. See here for example.

    The relevant contract term that the provider is seeking to rely upon may be "unconscionable" which is something that the ACCC has issued guidance on, here. You could contact the ACCC for further assistance. With their involvement, you may be able to get a more reasonable response from AIF.

    If this doesn't work out for you, as Rod says, it would be useful for us to see the contract terms. There may be some hope of you bringing a dispute in QCAT to recover your money if AIF they refuse to allow you to continue your studies. But we don't have enough information to advise you on any possible causes of action at this stage.

    Best wishes.
     

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