Search results

Sorry, Final Notice of Claim - which I believe is merely a terminology difference. (I'm used to Queensland.) In either case, skater needs to file a defence in the form of a Form 4, not ignore it.

Legally, it's not the same; she had the item delivered to her despite no longer wanting it. The onus is no longer on the buyer.

I understand your frustration. I think you could reasonably arrange for "your agent" ;) to collect them from her home, yes.

If she refuses to hand the skates over to the courier, then you may have a successful (civil) action in detinue, but I don't think you do if she simply refuses to go to the post office, I hate to tell you. :o You don't have a theft action under any circumstances.

Oh, I didn't mean to suggest that skater did do this in this instance; apologies if that's what you thought. I was responding to her statement: Saying that, putting it in an email or on the eBay listing etc. would all constitute a breach of the ACL, so I was trying to caution against that...

A Statement of Claim is a formal claim, and ignoring it will usually result in a default judgment against you. This is terrible advice.

The national Australian Consumer Law that came into effect in 2011 is a lot more far-reaching than that. I'm not suggesting you did anything wrong in your handling of this, but you might want to check it out because you have a lot more obligations than you've outlined. This is a good resource...

I assume the email is just an FYI; given the distance, the court is probably going to serve the claim by posting to skater: Making a claim process And no, skater doesn't have to physically appear. Many - possibly most? - minor matters like this are decided "on the papers", i.e. based on...

Yes, she's filed a Final Notice of Claim, which basically is what she alleges, and yes, anybody can file one. You should file a defence in the form of a Form 4, otherwise she will obtain a default judgment against you. Flowchart of procedure Edit: Based on what I've seen from Paul@PFI, it may...