Hello, Would just like to know am I able to take someone based in a different state to the Small Claims Court? They are a online provider and their offices are located in QLD and I am located in WA. If not which court would be appropriate? Many thanks in advance.
WA Interstate Small Claims Court?
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The answer is probably yes, but it would involve a detailed look at the situation. There ar esoteric pieces of legislation that require the action to be commenced in the jurisdiction (i.e. state) of the consumer.
Thank you very much for your reply Rob, I will submit the paperwork to the small claims court in WA. I am.also waiting on a response from Dept of Consumer Protection. Would you mind reference me to the legislations your referencing so I can have a read. Many thanks in advance.
I was meaning in general (for example, the National Consumer Credit Protection Act 2009 (Cth)). They won't have any application or relevance unless your particular circumstances fall under the provisions of the Act.
Thanks Rob. It pertains to a dodge online training provider who is providing inadiqate training and refuse a refund although they are not providing a suitable service. I have contacted and lodged reports to all relevant agencies although they are no able to assist with the refund. I was advised by costumer protection that the course of action may have to be small claims court.
If their training is provided under the Australian Qualifications Framework (e.g. Certificate III in Fitness), you may also refer the matter to the Australian Skills Quality Authority (ASQA) who is the regulator for Registered Training Organisations (RTOs) - www.asqa.gov.au.
The relevant act in that case is the National Vocational Education and Training Regulator Act 2011 (Cth).
I'm not sure if the Act applies in WA (as WA does their own thing generally), but given that it appears they are interstate then it probably will - but I think Victoria is different as well.
The relevant act in that case is the National Vocational Education and Training Regulator Act 2011 (Cth).
I'm not sure if the Act applies in WA (as WA does their own thing generally), but given that it appears they are interstate then it probably will - but I think Victoria is different as well.
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