QLD Mechanic's Duty of Care - What are My Rights?

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29 August 2017
I notified the mechanic (by phone) that I needed an extended appointment for my car service because I could hear an unfamiliar sound coming from my engine. On the day of the service (two weeks later due to the mechanic's booked timetable) I reminded the mechanic that he needed to check the engine especially because of the unfamiliar sound. I paid for the service over the phone and collected the vehicle after I finished work (after hours).

Upon collection of the vehicle, I noticed that the same sound was still coming from the engine when I drove it home. The next day, driving to work, the noise got louder and the accelerator lost complete power and then black smoke started coming out of the exhaust. I became immobilised beside the road (in a remote setting). I phoned the mechanic's manager straight away and he suggested I bring it back, but didn't offer to tow it.

After organising and paying for a tow truck ($200.00) I got the car back to the mechanic. He gave me a hire car to use so I could go back to work (5 hours later). The next day I got a call from the mechanic acknowledging that the noise was serious and I would have to replace the turbo at a cost to me of $3500.00.

My question is, if the car had been properly road tested after the service the mechanic would have heard the noise, called me, and advised that further investigation needed to be done. Where is his duty of care? Instead I was left to collect the vehicle and drive 45 minutes back home and 45 minutes the next day with a faulty (potentially dangerous) vehicle. So, I have now incurred a $200.00 towing fee and a $3500.00 fee to replace part of the engine.

What are my Australian Consumer Law rights?