Moving Damage in Australia: Liability, Insurance and What to Ask

Consumer rights and due care

Services supplied to consumers in Australia generally come with consumer guarantees under the Australian Consumer Law, including that services will be provided with due care and skill and be fit for a disclosed purpose. Whether a particular loss amounts to a failure, and what remedy applies, depends on the circumstances.

A contract or policy may describe a claims process, but contractual wording does not automatically remove rights that cannot lawfully be excluded. The ACCC explains consumer guarantees and remedies for services. In Western Australia, Consumer Protection provides information and help with consumer complaints.

Liability is not the same as insurance cover

Liability concerns legal responsibility for loss or damage. Insurance is a contract that may respond to defined events. A removalist's business insurance, a separate transit policy and your own home or contents cover can have different limits, exclusions, excesses and conditions. The absence of a particular policy does not by itself decide whether a business is legally responsible.

Ask who provides any offered cover, what property and events are covered, whether loading and unloading are included, and whether owner-packed cartons are treated differently. Request the policy wording or product disclosure information where applicable rather than relying on a general statement that a move is insured.

Questions to ask before booking

Tell the removalist about unusually valuable, fragile or difficult items before accepting a quote. Some goods may need specialist packing, handling or separate cover. Keep the quote, booking confirmation and any policy documents together so you can check what was agreed.

• What cover, if any, applies while goods are carried, loaded, unloaded or stored?
• What exclusions, limits and excesses apply, including to fragile or high-value items?
• Is separate transit or storage cover available, and who is the insurer?
• How should existing damage and high-value items be recorded before the move?
• What is the process for reporting a problem and supplying evidence?

Documenting and reporting damage

Photograph valuable furniture and visible pre-existing marks before the move. If damage is discovered, take clear photographs, keep the item and packaging where practical, and notify the business promptly in writing. Describe what happened, when you noticed it and the outcome you are seeking. Keep copies of messages, receipts, quotes and reports.

Give the business a reasonable opportunity to respond. If you cannot resolve the issue, consult the ACCC's guidance on remedies and the WA Consumer Protection complaint process. A card provider, insurer or legal adviser may also have a role depending on the situation. Avoid assuming that a short contractual reporting period necessarily determines every statutory right; get advice if that becomes disputed.