The Queensland Government has passed new laws providing greater protection for people who have purchased a defective car, motorbike, caravan or motorhome which came into effect, 1 September 2019.

To help you understand what these changes mean to QCAT claims, you can refer to the new dedicated motor vehicle dispute page on QCAT’s website: https://www.qcat.qld.gov.au/matter-types/motor-vehicle-disputes.

What is changing?

The Queensland Civil and Administrative Tribunal Act 2009 allows QCAT to hear motor vehicle disputes of up to $100,000 if:

• there is a dispute about repairs of defect/s under the Motor Dealers and Chattel Auctioneers Act 2014 statutory warranty framework, which applies to motor vehicles sold by motor dealers and chattel auctioneers; or
• there has been a breach of a consumer guarantee contained in the Australian Consumer Law provisions under the Fair Trading Act 1984. These consumer guarantees require suppliers and manufacturers to guarantee, among other things, that motor vehicles are of acceptable quality and fit for purpose.

If a proceeding for a motor vehicle dispute was commenced before 1 September 2019 and is not finalised, it will continue to be dealt with under the previous laws.

If a motor vehicle dispute arose before 1 September 2019 but a proceeding for the matter has not yet commenced, it will be dealt with under the new laws.

5 Sept 2019

Source: Queensland Civil and Administrative Tribunal