Specialist Fair Trading & Consumer Lawyers in Sydney & Nationwide
Protecting Your Consumer Rights
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have a strong history of successfully standing up for consumers and small businesses. Our lawyers have secured refunds, replacements, compensation, and voided unfair contracts for clients who have been wronged by misleading conduct, faulty products, and poor services.
Extensive Consumer Law Expertise
Our team possesses in-depth knowledge of the Australian Consumer ACL) and fair trading legislation across Australia. Led by NSW Law Society accredited specialists, we expertly navigate the legal landscape, from negotiating with businesses to representing clients in tribunals like NCAT and in the Federal Court.
Personalised Approach
We understand that every consumer dispute is unique. Our lawyers take the time to listen to your situation, assess the details of your claim, and develop a legal strategy specifically tailored to achieve your desired outcome in the most efficient way possible.
No Win, No Fee*
For certain consumer law matters, we can offer a no win, no fee arrangement. This ensures you can access expert legal representation to challenge businesses without the stress of upfront legal costs, allowing you to pursue justice without financial risk.
Fair Trading & Consumer Law: Cases We Handle
Misleading and Deceptive Conduct
We represent clients who have been victims of false advertising, inaccurate information, or deceptive business practices. If a business has made false or misleading representations to you, we can help you take action and seek a remedy.
Unfair Contract Terms
Our consumer lawyers assist individuals and small businesses in challenging unfair terms within standard form contracts. We work to have these one-sided and unjust terms declared void, protecting you from oppressive contractual obligations.
Consumer Guarantee Claims
The Australian Consumer Law provides automatic guarantees for goods and services. We help clients enforce their rights to a repair, replacement, or refund when a product is faulty, a service is not performed with due care and skill, or they are not fit for purpose.
Unconscionable Conduct
We take action against businesses that have engaged in unconscionable conduct. This includes situations where a business has taken unfair advantage of a customer’s vulnerability or used oppressive tactics in their dealings.
Product Liability & Safety
Our lawyers represent individuals who have suffered loss, damage, or injury caused by unsafe or defective products. We work to hold manufacturers, importers, and suppliers accountable and secure the compensation you deserve.
Commercial Disputes under ACL
The Australian Consumer Law also protects businesses. We provide expert advice and representation for businesses in disputes against other companies involving breaches of fair trading laws, such as misleading conduct in commercial transactions.
Protecting Your Rights: How Our Consumer Lawyers Can Help
At O’Brien Criminal and Civil Solicitors, we understand the frustration of dealing with a difficult business. Our consumer law team is here to help you enforce your rights under the Australian Consumer Law. Here are some of the ways we can assist:
Investigating & Building Your Case
Our lawyers thoroughly investigate your claim, gathering and reviewing all crucial evidence, such as contracts, correspondence, and proof of misleading conduct, to build a strong case and provide clear advice on your rights.
Negotiating with Businesses
We act as your dedicated advocate, engaging directly with the business or their legal team to negotiate a fair resolution. Our goal is to secure the remedy you are entitled to, whether a refund, replacement, or compensation, often without the need for formal legal action.
Representation in Tribunals & Courts
When a business refuses to resolve the matter fairly, we provide expert representation in tribunals, such as the NSW Civil and Administrative Tribunal (NCAT), and in court proceedings to formally enforce your rights and hold the business accountable.
Meet Our Specialist Consumer Law Team
With decades of combined experience, our law team has established O’Brien’s as a leading firm in consumer and civil law. Led by our founder and Principal Solicitor, Peter O’Brien, our dedicated team has successfully represented clients in tribunals and courts across Australia.
Our team at O’Brien Criminal & Civil Solicitors includes lawyers who are Law Society Accredited Specialists. To achieve this, a practitioner must pass a rigorous assessment process that tests their knowledge, skills, and expertise in their specific area of law. This accreditation is your assurance that you are receiving advice from a genuine expert in the field of consumer law.
The Consumer Law Claims Process
1. Free Initial Consultation
If you believe your consumer rights have been breached, contact us for a free initial consultation. Our consumer lawyers will assess your case, explain your rights and options under the ACL, and discuss our flexible payment arrangements.
2. Investigating & Building Your Case
Your lawyer will meticulously gather all necessary evidence to support your claim. This often includes collecting contracts, receipts, emails, photographs, and expert reports to build the strongest possible case.
3. Communication & Updates
Your lawyer will keep you fully informed about the progress of your case and explain every step in clear, simple terms. We collaborate with you to review evidence and make key decisions together.
4. Pursuing a Resolution
involve negotiating a favorable settlement, representing you at mediation, or advocating for you in a tribunal or court.
Remember: Consumer law can be complex, and seeking expert legal advice is crucial. Our experienced solicitors are here to guide you every step of the way and fight to protect your rights.
What to Do if You Have a Consumer Law Issue
If you have been treated unfairly by a business or have purchased a faulty product, it is important to take action to protect your rights. A specialist consumer lawyer can help build a strong case and hold the business accountable.
If You've Purchased a Faulty Product or Service
- Document the Issue
- Record all details about the fault or problem. Take clear photos or videos of the issue and write down when you first noticed it.
- Contact the Business
- Notify the business of the problem in writing (such as by email) and state what remedy you are seeking (e.g., a refund, repair, or replacement). Keep a copy of all correspondence.
- Seek Legal Advice Immediately
- If the business refuses to provide a remedy, contact a consumer lawyer. We can provide an honest assessment of your claim and advise on the next steps to enforce your consumer guarantees.
If You Suspect Misleading Advertising or Conduct
- Gather Evidence
- Keep a copy of the advertisement, website page, brochure, or any other material you believe is misleading. If the representation was spoken, write down exactly what was said, who said it, and when.
- Record Your Experience
- Write a detailed account of how the misleading conduct influenced your decision to purchase the goods or services and what loss you have suffered as a result.
- Consult a Consumer Lawyer
- Our lawyers are experts in misleading and deceptive conduct claims. We will assess your situation, explain your legal options, and develop a strategy to pursue compensation.
If You're Trapped in an Unfair Contract
- Locate the Contract
- Gather a complete copy of the standard form contract you were asked to sign.
- Highlight Unfair Terms
- Identify any terms you believe are unfair, one-sided, or were not transparently disclosed to you.
- Get a Legal Review
- Do not assume you are bound by an unfair contract. Our lawyers can review the contract and advise whether its terms can be challenged and declared void by a court or tribunal.
General Tips for All Consumer Disputes
- Act Quickly
- Strict time limits apply for making claims under the Australian Consumer Law. The sooner you contact a lawyer, the better your chances of preserving evidence and protecting your right to a remedy.
- Know Your Rights
- You have powerful rights and protections known as consumer guarantees. An expert lawyer will explain these rights, guide you through the process, and advocate on your behalf to achieve the outcome you deserve.
Remember: You don’t have to take on a large company by yourself. Let the consumer law experts at O’Brien Criminal and Civil Solicitors guide you.
We will fight to secure the justice and compensation you deserve by providing clear, practical advice. Whether you have been sold a faulty car, misled by advertising, or locked into an unfair contract, we are here to help. Plus, for many consumer disputes, you can benefit from having your costs covered under our no-win, no-fee arrangement.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs on Civil Claims
What is the Australian Consumer Law (ACL)?
The Australian Consumer Law (ACL) is a single, national law that ensures all consumers and businesses in Australia have the same rights and obligations. It protects you when you buy goods and services, guaranteeing that products are of acceptable quality and services are provided with due care and skill.
What are my basic rights when buying a product in NSW?
Under the ACL, any product you buy in NSW (and across Australia) comes with automatic guarantees. It must be of acceptable quality, match its description, and be fit for the purpose you were told it would be. If it fails to meet any of these, you are entitled to a remedy, such as a repair, replacement, or refund.
A store in Sydney has a "No Refunds" sign. Is this legal?
No, a "No Refunds" sign is illegal and unenforceable. Your right to a remedy for a faulty product or a service that doesn't meet consumer guarantees is protected by law, and a store cannot simply refuse to provide one.
How long do I have to return a faulty item?
The ACL doesn't set a specific time limit. Instead, it says guarantees apply for a "reasonable period" after purchase. What is 'reasonable' depends on the product and its price. For example, you would expect a new television to last much longer than a pair of shoes, and your rights would extend accordingly.
What is considered a 'major failure' under the ACL?
A 'major failure' is a serious problem that would have stopped you from buying the product or service if you had known about it. This includes goods that are unsafe, significantly different from their description, or completely unfit for their purpose. If a failure is major, you have the right to choose between a refund or a replacement.
I was misled by an online advertisement. What can I do?
Misleading and deceptive conduct is a serious breach of the ACL. You should collect evidence of the advertisement and contact the business to seek a remedy. If they are uncooperative, a consumer lawyer can help you formalise your complaint with bodies like the ACCC or Fair Trading NSW and pursue compensation.
Can a business make me pay for a service I didn't ask for?
No. Under the ACL, you are not liable to pay for unsolicited services. Furthermore, you are not responsible for any loss or damage the supplier might incur from providing a service you did not agree to.
Do consumer guarantees apply to services?
Yes. Services you purchase in Australia must be provided with due care and skill, be fit for any specified purpose, and delivered within a reasonable time. If a tradesperson in Sydney does a poor job on a renovation, for instance, you have the right to have it fixed or get a refund.
What if a contract has terms that seem very unfair?
The ACL protects consumers and small businesses from unfair terms in standard form contracts (contracts offered on a 'take it or leave it' basis). If a term creates a significant imbalance in your rights and obligations, a court or tribunal like NCAT can declare it void.
Do I need a lawyer to handle a consumer dispute?
While you can approach Fair Trading NSW or the ACCC on your own, a lawyer can be invaluable for complex cases, especially those involving significant financial loss, unfair contract terms, or uncooperative businesses. We offer a no win, no fee arrangement for many consumer claims, meaning you can access expert legal advice without any upfront cost.
Civil Law Case Studies
- Nicole Byrne
- December 5, 2025
Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*
- Nicole Byrne
- November 27, 2025
Brutalised by Senior Apprentices, Ignored by Superiors, John* Finally Receives Justice After Abuse at
- Nicole Byrne
- November 18, 2025
Our client, Derek*, a young Aboriginal man, successfully sued the State of New South
- Nicole Byrne
- October 30, 2025
In a major legal triumph for civil liberties, the New South Wales Supreme Court
- Nicole Byrne
- October 27, 2025
Our client, Rachel*, has courageously held the State of NSW accountable for the abuse
- Nicole Byrne
- October 15, 2025
Sexual Abuse by Police Officer: Brave survivor receives justice after suffering abuse by a
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- Proven Track Record
