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1.1 AFRA's Code of Conduct, which is
binding on all members, makes provision for the resolution
of disputes between members and their customers.
1.2 Customers are entitled to notify
AFRA of any complaint about a member, and on such a complaint
being made, the member must promptly provide AFRA with whatever
information it requests, and fully cooperate with AFRA in
the resolution of the complaint.
1.3 If efforts to resolve the complaint
are unsuccessful, the customer is entitled to have the dispute
determined by AFRA (which appoints a Dispute Tribunal for
this purpose), and the member is bound by that determination
unless the customer indicates that he/she is not prepared
to be bound by the determination (for instance, by commencing
legal proceedings).
1.4 Most complaints are resolved to the
satisfaction of the parties but approximately 20% of all complaints
become the subject of referral to a Disputes Tribunal.
1.5 Most, although not all, disputes
relate to household goods which the customer claims were lost
or damaged during removal or storage. Although not all claims
fall into this category, these notes will concentrate on claims
of this type. However, the procedure set out below is equally
applicable to other types of claims.
1.6 AFRA's disputes process has been
very effective, and is well respected, both within and outside
the industry. It is quite common for members of the public
who have contacted one of the state or territory Fair Trading
Offices to be referred by that office to AFRA.
1.7 It is worth noting that, although
a Dispute Tribunal determination is not binding on the customer
(unless the customer agrees to be bound), every decision which
has been challenged by a customer has been upheld.
1.8 The purpose of these notes is to
provide assistance to customers who have lodged a complaint
or are contemplating doing so. To this end, these notes explain
the process, and provide guidelines on the manner in which
evidence supporting the claim should be presented.
1.9 If the guidelines in these notes
are observed, there will be an increased prospect that the
complaint will be capable of amicable resolution, and that
if it cannot be resolved by negotiation, the Dispute Tribunal
will have available to it all of the evidence which it needs
to ensure that the customer's claim can be properly and fairly
dealt with.
2.1 If you contact AFRA with a complaint
about a member, you will be asked, if you have not already
done so, to put your complaint in writing (email, fax or letter).
2.2 On receipt of the written complaint,
AFRA will refer the complaint to the removalist for comment
and response, and will advise you that this has been done.
2.3 The removalist's response will then
be provided to you, and thereafter AFRA will seek to have
the dispute resolved amicably. The action taken will be different
in each case according to the circumstances.
2.4 If it is apparent that the dispute
cannot be resolved, you will be advised that the dispute can
be referred to a Dispute Tribunal, whose decision will be
binding on the member. Although you are not required to agree
that the determination will also be binding on you, you will
normally be invited to agree that it will be.
2.5 If you request that the dispute be
referred to a disputes Tribunal, all of the documentation
which has already been submitted to AFRA in the course of
the attempted resolution will be available, but you and the
removalist will each be invited to submit whatever further
documentation or submissions they wish to be considered by
the Tribunal. Each party is provided with copies of whatever
the other party has placed before the Tribunal.
2.6 The Dispute Tribunal meets and makes
its determination based on the material which has been submitted
by you and the removalist, but may also inform itself about
matters relating to industry standard and practices, and matter
of law.
2.7 It is important to note that the
Tribunal does not convene a hearing, and it is therefore essential
that you put before the Tribunal all of the matters which
you consider are relevant to a determination of the dispute.
3.1 As explained above, if you have your
claim referred to a Dispute Tribunal, all of the documentation
which has already been submitted to AFRA during the attempted
resolution stage (including your claim, the removalist's answer,
and any further response by you) will be available to the
tribunal.
3.2 Whatever you have provided during
the negotiation stage, you should ensure that you set out
any other matters which you consider relevant and which you
believe will or may assist your case.
3.3 You should also provide copies of
documents which may be relevant. This will probably include
the removal contract itself, but may also include a quotation
or an inventory.
3.4 If you had conversations with representatives
of the removalist which are relevant to your claim (for instance,
when the quote was provided or after the loss or damage became
known), you should set out details of what was said, and identify
the person who said them (by name, if possible, but otherwise
by an event or description by which the removalist will have
a reasonable opportunity of ascertaining who it was).
3.5 In most cases, if your claim is successful,
the amount recoverable will be, in the case of damage to goods,
the repair cost (or, if the goods cannot be economically repaired,
the market value of the goods at the time of damage), and
in the case of loss, the market value of the goods at the
time of loss. This means that the age and condition of the
goods must be taken into account. Accordingly, if your claim
relates to damaged goods, you should ensure that you provide
some evidence on the cost of repair and (if the goods cannot
be economically repaired), the market value of the goods.
Similarly, if you claim relates to lost goods, you should
ensure that you provide some evidence of their market value.
The type of evidence which you provide might include some
or all of:
- A full description of the goods (including,
if applicable, make, size and model)
- When and where you purchased the goods and
the purchase price
- Prices at which comparable goods of a similar
age and condition could be brought
- Other factors which you consider relevant
to the value of the goods
- Photos of damaged goods
- In the case of damaged goods, repair quotations,
estimated or invoices
- Some evidence of any residual value of damaged
goods which cannot be economically repaired
The replacement cost of the goods will only
be applicable if the goods were new, but still may provide
a starting point to determine market value.
3.6 If your claim relates to a large
number of items, or items which are claimed to be of high
value, you may want to consider engaging an expert, such as
a valuer or loss assessor, who can provide a report.
3.7 Always remember, the Tribunal is
required to make its decision on the basis of the evidence
before it. While the Tribunal will inform itself on matters
relating to industry standard and the like, and on matter
of law, it will be reliant on you (and, of course, the removalist)
to provide whatever evidence is considered relevant as to
whether, and if
so how, the goods were lost or damaged,
what the terms of the contract were, the age and description
of the goods, and their market value and/or the cost of repair,
and any conversations or correspondence relevant to any of
these things.
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