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Product Liability Lawyers Sydney
Back-to-back winners of the most prestigious Local Business Awards and multiple legal excellence awards in the personal injury category
From start to finish only experienced product liability expert lawyers will run your case.
Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2026.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2026.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
Back-to-back winners of the most prestigious Local Business Awards and multiple legal excellence awards in the personal injury category.
When purchasing a product or a product-related service in Australia, consumers operate under the legal assumption that the goods are safe for their intended use and are accompanied by adequate safety warnings if potential risks exist. To ensure robust consumer protection, several legal frameworks are available to survivors of injury caused by defective goods:
Australian Consumer Law (ACL): A Federal statute that provides a uniform consumer protection framework across all Australian States and Territories.- Common Law Tort of Negligence: A State-based protection option governed by the Civil Liability Act 2002 (NSW).
- Breach of Contract: Legal recourse available under the Contracts Review Act 1980 (NSW).
In New South Wales, while general product liability is governed by these broader acts, specific specialized tribunals handle certain injury types. For example, asbestos-related injuries are strictly managed through the Dust Diseases Tribunal. Similarly, injuries resulting from motor vehicle accidents are typically overseen by the State Insurance Regulatory Authority (SIRA), unless the injury was caused by a specific manufacturing defect, such as the widely documented Takata airbag recalls.
Product Liability Actions under the Australian Consumer Law (ACL)
The ACL mandates strict compliance with Australian Safety Standards and operates on a principle of strict liability. This means that a consumer may be entitled to compensation without needing to prove negligence on the part of the manufacturer, provided a safety defect and resulting injury can be established. The Australian Government, through the ACCC, sets mandatory safety standards that all goods manufactured in or imported to Australia must satisfy.
Safety standards are essential requirements designed to mitigate the risk of injury. These standards encompass:
- Manufacturing Integrity: Requirements for the performance, composition, design, construction, and packaging of consumer goods.
- Rigorous Testing: Protocols for testing consumer goods both during and after the manufacturing or processing stages.
- Warning Compliance: Strict rules regarding the form and content of markings, warnings, or detailed instructions that must accompany consumer goods.
Helpful Legal Resources:
- Product Safety Australia – Mandatory Standards
- NSW Legislation Official Portal
- How we handle Medical Negligence & Defective Devices
- Expert advice on Public Liability Rights
- Contact our Product Liability Team
Statutory Consumer Guarantees
In addition to safety standards, the Australian Consumer Law (ACL) provides automatic statutory guarantees on all products and services. These rights are non-negotiable and apply regardless of any manufacturer’s warranty.
Products must:
- Be safe, durable, and free from defects.
- Have an acceptable appearance and finish.
- Be fit for their common and intended purpose.
- Match descriptions and demonstration models.
- Have spare parts and repairs available for a reasonable period.
Services must:
- Be provided with acceptable care and skill.
- Be fit for the purpose agreed upon with the client.
- Be delivered within a reasonable timeframe.
Enforcement: Bans and Safety Standard Failures
Failure to adhere to Australian Safety Standards is a serious breach of federal law, which can trigger interim bans, permanent bans, and recalls. These measures protect the public from goods where a “reasonably foreseeable use (or misuse)” could result in personal injury.
Interim and Permanent Bans
An Interim Ban can be imposed by State or Federal Ministers for up to 60 days (extendable) if a product appears likely to cause injury. A Federal ban applies nationwide, while a State ban is limited to that jurisdiction. If the danger persists, the Minister may impose a Permanent Ban. Any supplier who provides products in contravention of these bans is strictly liable for resulting personal injury or economic loss.
Product Recalls: Compulsory vs. Voluntary
Product recalls are critical tools for managing consumer risk. Suppliers have a legal obligation to manage defective goods effectively:
- Compulsory Recall: Issued by the Minister when a supplier has not taken satisfactory action. The supplier must repair or replace the product at their own cost, ensuring the replacement meets all current safety standards.
- Voluntary Recall: Initiated by the supplier upon discovering a potential safety defect. By law, the Federal Minister must be notified within 2 days of a voluntary recall being issued.
Strict Manufacturer Liability
Under the ACL, a manufacturer is strictly liable for loss or damage if they supply goods in trade or commerce that have a safety defect, resulting in:
- Personal Injury: Direct physical or psychological harm caused by the defect.
- Property Damage: Destruction of other goods typically acquired for personal or household use (e.g., a defective battery destroying a home).
Legal Authority & Support:
In a nutshell...
Manufacturers may be liable for personal injury and property damage if a product has a safety defect, it was used for its intended (or unintended) purpose and it caused injury, loss or damage.
Defences to Defective Goods
A defence to a defective goods action is established if:
The safety defect alleged to have caused the loss or damage did not exist
At the time the goods were supplied by the actual manufacturer (in the case of electricity – at the time it was generated (before it was transmitted or distributed); or
The goods have a safety defect only because of a mandatory standard
The state of scientific or technical knowledge at the time the good were supplied by the manufacturer was not such as to enable the safety defect to be discovered
If the goods that had the safety defect were comprised of other goods – that safety defect is attributable only to:
The design of the other goods; or
The markings on or accompanying the other goods; or
The instructions or warnings were given by the manufacturer of the other goods
The ACL applies regardless of any contract that may be in force between retailer and consumer or retailer and supplier/manufacturer. This is known as privity of contract.
If the economic loss or personal injury is the result of a workplace accident, product liability claim does not apply. It becomes a workers compensation matter.
Common Law Tort of Negligence Actions
Under the common law, manufacturers owe a duty of care to the purchaser and user of their products.
A retailer, importer or distributor only owes a duty where they know a product is faulty or has a safety standard or ban in force that is being breached.
The common law tort of negligence may be available where a contract exists between two parties but a person not party to the contract receives a personal injury or economic loss as a result of the breach by one party. This is known as privity of contract.
It needs to be proven that:
A duty of care was owed
The duty of care was breached
The breach caused damage (personal injury or economic loss)
Damages (compensation) are due as a result
Breach of Contract
A contractual relationship exists between:
The retailer and the consumer; and
The retailer and the supplier/manufacturer
In the event of product defect, action for breach of contract may be available against a retailer for the sale of a faulty product. Where such actions occur, the retailer may then be able to take action against its supplier or the manufacturer for breach of contract.
In a nutshell...
There are a number of legal avenues available for remedying product liability issues. You should seek legal advice about the right option for your circumstances.
Limitation Periods
Limitation periods are time limits set by the ACL or Limitation Act 1969 (NSW) for legal proceeding to be commenced for product liability claims, negligence actions and breach of contract.
Under the ACL, action by an individual for defective goods has 3 years from they notice the defect or ought reasonably to have noticed
The loss/damage;
Safety defect; and
The identity of the manufacturer.
Where 2 or more people are responsible for the loss/damage, they are both equally responsible.
If you intend to make a claim for breach of contract, a party must bring a cause of action within 6 six years from when the breach first occurred.
If you intend to make a claim under the common law tort of negligence, you must bring action within 3 years from the date the negligence took place.
Speak to a lawyer today
Time limits apply. If you have been impacted by a damaged or faulty product, contact Jameson Law today. We are experts in Product Liability claims, and can ensure your matter is successful!
Identifying an Unknown Manufacturer
Under the Australian Consumer Law (ACL), if the manufacturer of a defective product is unknown, the consumer has the right to request their particulars from the supplier in writing. If the supplier fails to provide these details within 30 days, the supplier is legally deemed to be the manufacturer and assumes full liability for the safety defect and any resulting damages.
Legal Remedies for Product Liability Issues
Resolving a product liability dispute requires a strategic approach. At Jameson Law, we guide you through the most appropriate legal avenues to secure your compensation:
Initially, notifying the retailer or manufacturer of the defect is essential, especially when warranties are in place. Many NSW courts require Alternative Dispute Resolution (ADR) or mediation before a matter can proceed to a full hearing.
The ACCC may initiate representative proceedings (class actions) for defective goods on behalf of one or more affected individuals. This is often used for systemic defects affecting large groups of consumers.
For significant individual claims, we may commence legal action directly under the ACL. These matters are typically heard in the Federal Court of Australia, focusing on strict liability and safety defect provisions.
Recourse may be available based on the specific terms of your purchase agreement. Depending on the compensation (damages) sought, these matters are heard in various NSW jurisdictions, from the Small Claims Division to the Supreme Court.
Product Liability Insurance for Businesses
For business owners in Sydney and across NSW, maintaining robust insurance is often a statutory requirement. Public Liability Insurance is vital as it covers the business against claims of negligence resulting in third-party death or injury.
Furthermore, Product Liability Insurance is highly recommended to protect small businesses in the event of a safety defect claim. This coverage specifically addresses claims arising from the supply, delivery, repair, or servicing of goods that lead to personal injury, death, or economic loss (including property damage). We recommend consulting with your insurer to ensure your policy aligns with your obligations under the Competition and Consumer Act 2010.
Expert Legal Consultation:
Navigating product liability law requires highly experienced solicitors who understand the intersection of Federal and State legislation. Contact our award-winning team today for a free claim assessment.
- Free Claim Check – Sydney & Parramatta
- Learn about Medical Device Liability
- Our expertise in Public Liability Law
- Phone: (02) 8806 0866
Disclaimer
The information on this page does not constitute legal advice. You should speak with Jameson Law about your individual circumstances.
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FAQs
Defective Product & Liability FAQ
What is a product liability claim in Australia?
A product liability claim allows you to seek compensation if you have been injured by a product that has a safety defect. This is governed by the Australian Consumer Law (ACL), which ensures manufacturers are held accountable. For more information on your rights, visit the ACCC official guide.
Who is liable if the manufacturer is unknown?
If you cannot identify the manufacturer, you can apply in writing to the supplier. If they do not respond within 30 days, the law allows us to treat the supplier as the manufacturer. This is a complex area of Public Liability that our team can help you navigate.
Do I need to prove negligence in a product liability case?
No. The ACL provides “strict liability” provisions. You only need to prove that the product had a safety defect and that the defect caused your injury. This differs from Medical Negligence claims, where proving a breach of duty is often more complex.
What are the time limits for defective product claims in NSW?
You must start legal proceedings within 3 years from the “date of discoverability,” as defined under the Limitation Act 1969 (NSW). However, a claim cannot be brought more than 10 years after the product was first supplied.
Does a No Win No Fee agreement cover product liability?
Absolutely. Jameson Law provides a No Win No Fee guarantee for all product liability matters. We cover the upfront costs of investigation and expert reports, much like we do for our Motor Vehicle Accident clients.
- Check current safety alerts on Product Safety Australia.
- Review our expertise in Workers Compensation for injuries caused by faulty industrial equipment.
- Access Victims of Crime Support if the product failure was due to a criminal act.
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Our Sydney Offices
Parramatta CBD - Head Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Suite 301, 67-69 Philip St Parramatta NSW 2150
Sydney CBD - Practice Office
- 02-8806-0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Tower One Barangaroo International Towers Level 35, 100 Barangaroo Ave Sydney NSW 2000
Blacktown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
Level 3 81 Flushcombe Road, Blacktown NSW 2148
(By Appointment Only)
Liverpool CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
Level 2, 215-219 George Street, Liverpool NSW 2170
(By Appointment Only)
Bankstown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
-
23 Restwell Street, Bankstown NSW 2200
(By Appointment Only)
Court Houses We Frequent
Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Court Operating Hours: 9:30am-4:30pm
Blacktown Local Court
- 1300 679 272
- (02) 9672 2666
- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
- 1 Kildare Road Blacktown NSW 2148
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Burwood Local Court
- 1300 679 272
- (02) 9744 4144
- PO Box 235 BURWOOD NSW 1805
- local-court-burwood@justice.nsw.gov.au
- 7-9 Belmore Street BURWOOD NSW 2134
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Campbell Local Court
- 1300 679 272
- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
- local-court-campbelltown@justice.nsw.gov.au
- 150 George Street LIVERPOOL NSW 2170
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Central Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Downing Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- dclc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Fairfield Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
- 1300 679 272
- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
- local-court-hornsby@justice.nsw.gov.au
- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 92 Parramatta NSW 2150, Australia
- local-court-parramatta@justice.nsw.gov.au
- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday