I don’t wish to disclose those details until my issue is resolved for a couple of reasons:
- I don’t want to prejudice my claim in anyway by discussing specific details on a public forum
- I am cautious of making sure any statements are not potentially defamatory
- I want to give the retailer the opportunity to do the right thing first.
I’ve reviewed the manufacturer’s community support forums and there are similar issues.
One thing I am unsure of, is which avenue I’m left to pursue the matter with should NSW FT be unable to assist with resolving it. I reside in Queensland and the retailer is in NSW. I’m struggling to find how interstate consumer disputes can be resolved.
The recent High Court of Australia Ruling in Burns v Corbett; Burns v Gaynor  HCA 15 (https://gracelawyers.com.au/high-court-bowls-over-ncat-nsw-powers-to-make-decisions/):
Where any party to a dispute resides in another State/Territory outside of NSW, NCAT cannot hear the dispute and it will need to be taken to a Court.
However, unlike NCAT, QCAT (which deal with “complex disputes”) has been held to be a court of record so has been treated as a court of the State: Owen v Menzies & Ors; Bruce v Owen; Menzies v Owen  QCA 170. That means QCAT may be unaffected by this High Court decision. However the Owen case was considered way before this High Court decision.
This would imply that I would need to pursue any matter through the NSW Small Claims Court, which is a more costly and complex process. Alternatively, I could pursue through QCAT, however I can’t find any information to clarify whether QCAT has the jurisdiction and will hear disputes involving interstate parties. The QCAT website also states that staff won’t answer jurisdiction questions as it’s considered legal advice.