Australia post's terms unfair

A David vs Goliath battle has emerged out of a recent case over a lost item in the mail.
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  • Updated:7 Aug 2009

01.Australia posts terms unfair

Australia Post’s terms and conditions relating to liability for missing packages have been found to be in breach of the law by the ACT Civil and Administrative Tribunal.

Australia Post lost a $500 bag that was meant to be a birthday present for Michael Zarew’s daughter, but would only offer compensation of $50 and postage costs as stipulated in their terms and conditions. There was no reference number to use for tracking as the bag would not fit in an express post envelope and so was sent via regular post.

Finding Australia Post's response to be inadequate, Zarew contacted CHOICE, which used the Public Interest Law Clearing House to put him in touch with pro bono lawyers who argued his case. The Tribunal held that Australia Post does not have any legal right to limit its liability, which may have serious implications for Australia Post.

“This is a great example of what can happen when you stick to your guns and get to know your rights,” says CHOICE Director of Policy and Campaigns, Gordon Renouf.


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