A Melbourne buyer who spent almost $30,000 on sneakers he later suspected were counterfeit was reportedly denied a refund by the Victorian Civil and Administrative Tribunal (VCAT). The Guardian reported that VCAT member Katherine Metcalf found the agreement had been made with a seller who was 17, and that the buyer knew his age. The tribunal also dismissed the claim against the seller’s father.
What VCAT reportedly decided
In a report published on 2 January 2024, The Guardian said Metcalf found the buyer was not entitled to a refund because he had made the agreement with a minor who did not have full capacity to enter into contracts. Metcalf reportedly noted that the buyer knew the seller was 17 throughout their dealings. The primary VCAT decision text was not located, so the case-specific findings and quotations here are attributed to The Guardian’s account of the tribunal’s reasons.
Metcalf reportedly wrote: “Had the agreement been entered into when [the student] was 18 years old the result might have been different.” She also observed: “Whilst the law generally protects minors from the consequences of their own actions, it could be argued that in the present circumstances it is not the minor who needs protection, but rather the people with whom he chose to do business.”
The shoes and reported payments
The buyer, described by The Guardian as a Melbourne real-estate agent, bought the sneakers from a student in 2020. The reported purchases were four Dior x Air Jordan pairs and three Air Jordan 1 pairs:
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- Leather and synthetic leather are durable with a classic look.
- Full-length Nike Air unit adds cushioning to your step.
- Solid rubber sole is durable and provides traction over various surfaces.
| Shoes described in the report | Reported payment |
|---|---|
| Dior x Air Jordan pair | $3,800 |
| Dior x Air Jordan pair | $4,800 |
| Dior x Air Jordan pair | $6,700 |
| Dior x Air Jordan pair | $10,000 |
| Air Jordan 1 pair, Bred colorway | $2,690 |
| Air Jordan 1 pair, Chicago colorway | $2,690 |
| Air Jordan 1 pair, Royal colorway | $2,690 |
The Guardian characterized the dispute as involving approximately $30,000. The listed amounts are payments as reported by the newspaper, not independently verified receipts, and the headline figure is rounded.
The Guardian also reported that the Dior x Air Jordan release comprised 8,500 low-top and 4,700 high-top pairs, individually numbered and sold through a raffle allowing one pair per customer. Those release figures were reported by the newspaper; a primary release announcement was not located.
Rank #2
- Leather and synthetic leather are durable with a classic look.
- Full-length Nike Air unit adds cushioning to your step.
- Solid rubber sole is durable and provides traction over various surfaces.
What was alleged, and what the report says was found
The buyer said he noticed defects and came to believe the shoes were “unauthentic.” A sneaker-store authenticator reportedly found them counterfeit. The seller’s father disputed the store’s authority to authenticate the shoes, so the authentication account should be understood as evidence described in hearing coverage—not as a separate official finding about authenticity.
The buyer also said the father had agreed to “sort it out” if the shoes were counterfeit and claimed the father offered compensation. The father disputed the buyer’s account. The Guardian reported that VCAT dismissed the claim against the father, finding that his efforts to help resolve the issue did not make him responsible for an agreement he was not party to and did not know about. The buyer still had the shoes after the outcome.
Rank #3
- Leather and synthetic leather are durable with a classic look.
- Full-length Nike Air unit adds cushioning to your step.
- Solid rubber sole is durable and provides traction over various surfaces.
Why this does not cancel ordinary refund rights
This reported outcome concerned the tribunal’s reasoning about an agreement made with a minor and the buyer’s knowledge of the seller’s age. It should not be read as a general ruling that buyers have no refund rights for counterfeit goods, that every agreement involving a minor is automatically unenforceable, or that blanket “no refund” policies are valid.
Consumer Affairs Victoria’s page, last updated 13 October 2023, says a business generally cannot use a “no refund” sign to suggest that a consumer has no remedy when goods have a problem such as a defect. It says consumers generally have a right to a refund for a major problem. A business may distinguish that from change-of-mind returns, which it may choose not to offer: Consumer Affairs Victoria’s “‘No refund’ signs” guidance.
Rank #4
- Made with at least 20% recycled material by weight.
- Using synthetic materials, the design features materials that echo mid-1980s basketball shoes.
- Padded, low-cut collar looks sleek and feels great while the perforations on the toe and sides add comfort and breathability.
The Australian Competition and Consumer Commission (ACCC) likewise says consumer guarantees are basic rights separate from business warranties and cannot be taken away by what a business says or does. Its 4 February 2025 release notes that potentially misleading restrictions can include blanket no-refund conditions and short deadlines for faulty goods. Depending on the problem, available remedies may include a refund, repair, replacement or compensation for reasonably foreseeable loss: the ACCC’s release on online returns policies. Those are general Australian consumer-guarantee principles, not the stated basis for the reported VCAT decision.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What someone in a similar dispute can take from the case
The outcome turns on reported facts about this particular agreement, including the seller’s age and the buyer’s knowledge of it. A different transaction may raise different legal issues. Anyone seeking a remedy should assess their own evidence, the nature of the alleged problem and the applicable law; this report is not individual legal advice.
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