A member asked over 7 years ago

Delivery of goods

Hi. A package was that was meant to be delivered to my address did not arrive. I spoke to the seller and they said that a family member picked up the item. I want to know who's responsible for the item replacement or compensation. 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If goods you purchased were not delivered to you by post, as agreed at the time of sale, the supplier is likely to have breached a term of the sale contract. While this may technically give you a legal right to make a claim against the seller, depending on the value of the goods, you will probably find that it is impractical to enforce that right. For this reason, the information below contains practical solutions for dealing with your issue.

Without knowing whether your purchase was made from an Australian or international seller, your first step should be to contact them to try and resolve the problem. They may have the lodgement and tracking information which will help determine whether, and where, the goods may have gone missing. This is particularly important where the seller is alleging that a family member, or occupier of the delivery address, signed for and took receipt of the goods.

If you believe the seller is acting unprofessionally or you wish to make a formal complaint about their conduct, you can contact NSW Fair Trading (www.fairtrading.nsw.gov.au) to discuss your dispute.

If you cannot resolve the matter directly with the seller, your next step is to contact Australia Post. Where goods go missing while in the Australia Post mail system, you can lodge a request for compensation. Australia Post may, at its discretion, grant compensation of up to $50 and a refund of postage paid, or they may elect to repair or replace a missing or damaged postal item. If, after making enquiries with Australia Post, you believe they have not adequately addressed your concerns, the Postal Industry Ombudsman (www.ombudsman.gov.au) may be able to assist in some circumstances.

Suggested way forward

It is frustrating when your goods do not arrive as they should, or the seller or Australia Post have failed to provide a proper service. Speaking to a lawyer will help you understand your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.s based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


Hire lawyers to solve your legal problem now. Learn more

Other Questions

If you're experiencing any technical problems, please email techsupport@lawadvisor.com.