If your bank tells you a chargeback isn't possible because of the card network's rules, that's not necessarily the end of the road — Australian Consumer Law operates independently of Visa and Mastercard's own dispute process.
Two Separate Systems, Not One
A chargeback through Visa or Mastercard's own dispute scheme is a contractual mechanism set by the card network itself — with its own filing windows, reason codes, and evidentiary requirements. Separately, and independently of that scheme, the Australian Consumer Law (ACL) provides statutory consumer guarantees that a service will be provided with due care and skill, and that goods will match their description and be of acceptable quality. These guarantees apply regardless of what any card network's rules say, and a business (or the bank facilitating payment to it) can't contract out of them.
Why This Matters When a Card-Network Chargeback Gets Refused
If your bank denies a chargeback because you've missed the card network's filing window, or because the specific dispute reason doesn't fit neatly into the network's categories, that denial addresses only the contractual chargeback mechanism — it says nothing about your separate, independent rights under the ACL against the actual merchant. If a service simply wasn't provided, or goods were significantly not as described, the ACL guarantee still applies, and you can pursue the merchant directly on that separate legal basis even where a chargeback has already failed.
How to Use Both Paths Effectively
- Attempt the chargeback through your bank first — it's typically the faster mechanism when it applies.
- If the chargeback is refused, or the timeframe has passed, pursue the merchant directly under the ACL guarantees, referencing the specific guarantee that applies (services not provided with due care and skill, goods not as described, etc.).
- If the merchant won't resolve it, options include your state or territory consumer affairs body, or the small claims/civil tribunal in your state.
What This Means for You
- Don't treat a failed chargeback as the end of your options — your ACL rights against the merchant exist independently.
- Be specific about which ACL guarantee applies to your situation when raising the issue with the merchant.
- Keep the same evidence you'd use for a chargeback — proof of purchase, description of what was promised, and what actually happened — since it supports an ACL claim just as well.
- Escalate to your state consumer affairs body or tribunal if the merchant won't resolve a legitimate ACL-based claim directly.
Related Kibbo Tools
Sources
- Australian Competition and Consumer Commission — Consumer guarantees. accc.gov.au