COVID-19 Poor business behaviour

Welcome to the Community @MBell and I’m sorry to hear of your problems.

CHOICE has done an article on Gym memberships that may provide some guidance for you.

You may wish to read the posts up above as they may offer some helpful hints as to what you may be able to do. I don’t think CHOICE will investigate a claim for you but they do offer advice on what steps you can take. This is done through their CHOICE Help Service if you are a member. I am also sure they will be interested in your problem. They may make contact with you in regards to it, to better understand what the Gym industry might be up to.

What follows I have previously offered as similar advice to another Community member. You may be interested in the description of what a Major Failure is when it comes to services that is included in that post.

First steps for you would be to make a formal complaint by letter or email to the Gym outlining what you would like them to do in regards to your problem if you haven’t already done so, this is probably repayment of the fees you have been charged. You should give them a reasonable time in which to respond eg 7 business days. Send the letter by email or Registered post so that you have proof that it was sent. If they do not respond to your demand or they refuse your demand then you can lodge a complaint with your Office of Fair Trading or with your Civil & Administrative Appeals Tribunal. You need to put your demand in writing because if you wish to go further with your complaint the authorities who deal with the complaints require proof that you have tried to resolve the issue before you escalated the complaint to them.

You can also make a complaint to the ACCC but they are unlikely to take action in a single case unless their threshold for taking action has been reached, but they do use the information to better understand when and if action by them should be taken.

CHOICE provides a checklist of what to do, some Templates for creating your email/letter and some other helpful contact addresses at https://www.choice.com.au/topics/choice-help-service.

The ACCC also provide advice & a Template for similar emails/letters at Contacting a business to fix a problem | ACCC & Contacting a business to fix a problem | ACCC.

You should seek some legal advice about what you can do and there is certainly free legal advice centres that you can use. On this site we have a topic that lists a few for each State and Territory, this isn’t a complete list and in your area there may be some more that offer Community Legal advice. The list on this site can be found at

I hope you have success in your case.

4 Likes