What does duty of care mean for your move?

When you hire a removalist in Australia, they take on a legal obligation to handle your goods with due care and skill from the moment they start packing to the moment the last box is set down at your new address. That obligation has two foundations: the statutory consumer guarantees in Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law, or ACL) and the common-law duties that arise from negligence and bailment principles.

Here is what that means in plain terms:

• Who owes the duty: the removalist (and any subcontractors they engage on your behalf).
• Scope: packing, handling, loading, transport, unloading, and storage when offered as part of the service.
• Practical consequence: if the removalist breaches that duty and your goods are damaged, you have a right to a remedy, including repair, replacement, or compensation.

“If a person supplies, in trade or commerce, services to a consumer, there is a guarantee that the services will be rendered with due care and skill.” — Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34, citing ACL s 60.

Duty of care is not a promise that nothing will break. It is a promise that the removalist will take reasonable, professional steps to prevent foreseeable damage. Understanding that distinction is what separates a legitimate claim from an unrealistic expectation.

Table of Contents

• How does Australian law define duty of care for moving services?
• What does duty of care look like on a typical removalist job?
• What are common examples of a duty-of-care breach?
• How does duty of care differ from insurance?
• What should you do if your goods are damaged during a move?
• How can you reduce risk before and during moving day?
• What should you expect from a professional removalist?
• Key takeaways
• The part most people get wrong about duty of care
• EasyMove Services and your duty-of-care protection
• Useful sources
• FAQ

How does Australian law define duty of care for moving services?

Two legal frameworks work together whenever a removalist handles your goods.

Australian Consumer Law (ACL) automatically applies to any consumer move. Under Schedule 2 of the Competition and Consumer Act 2010, services must be rendered with due care and skill, fit for any specified purpose, and completed within a reasonable time. These guarantees cannot be contracted away. A clause in a removalist’s terms that attempts to exclude ACL guarantees for a domestic move is void under ACL s 64, as confirmed in Marskell v Davis and reinforced by NSW Government consumer guidance on choosing a removalist.

Common law adds two further layers. Negligence requires the removalist to take reasonable care to avoid foreseeable harm to your property. Bailment goes further: when you hand goods to a removalist, they become a bailee, and courts often apply a rebuttable presumption that damage occurring while goods are in the removalist’s custody indicates fault. The removalist must then show records and procedures that demonstrate due care was exercised. That practical reverse onus is why documentation matters so much on both sides.

“Due care and skill is a statutory duty based on the common law duty, the breach of which duty results in damages or compensation for loss and damage caused by that breach. The respondents cannot exclude liability: ACL s 64.” — Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34.

Contract terms can still legitimately limit liability in some ways, but WA Consumer Protection guidance warns that broad exclusion clauses or artificially short claims periods may be void if they are not transparent, not reasonably necessary, and not clearly brought to your attention at booking. A term buried in an email footer or a link to a PDF without express acknowledgement is unlikely to bind you. Consumer guarantees are automatic and do not depend on what a service provider’s contract says.

What does duty of care look like on a typical removalist job?

Duty of care translates into specific, observable actions on moving day. A removalist meeting their obligation will use appropriate packing materials for each item type, wrap furniture before loading, stack boxes so heavier items sit below lighter ones, and secure the load with straps or blankets to prevent shifting in transit. On arrival, they unload carefully and place items where directed without dragging them across floors.

The duty extends to the full scope of services agreed. If the removalist offers storage as part of the job, the same standard of care applies while your goods are in their facility. If they subcontract part of the move, the primary removalist remains responsible for the subcontractor’s conduct toward your goods.

Owner-packed boxes present a common grey area. When you pack your own boxes, the removalist’s duty covers external handling, but responsibility for breakage caused by inadequate internal packing may rest with you. That distinction matters when a claim is disputed. For guidance on packing your own boxes to a standard that supports a duty-of-care argument, see how to pack fragile items for moving safely.

Pro Tip: Before the removalist arrives, tell them about any fragile or high-value items, access restrictions (narrow stairwells, tight corners, no lift), and any items needing specialist handling such as pianos or pool tables. Communicating special handling needs up front materially reduces disputes and helps the mover demonstrate they planned appropriately.

What are common examples of a duty-of-care breach?

Recognising a breach is the first step toward deciding whether to pursue a claim. Tribunals and courts have found removalists liable in situations like these:

• Careless lifting that causes a heavy item to drop and break, where no mechanical aid or second person was used despite the item’s obvious weight.
• Failure to wrap or pad furniture before loading, resulting in scratches, dents, or shattered glass panels.
• Improper stacking, such as placing a heavy box on top of a fragile one marked “this way up.”
• Ignoring known access issues, leading to items being forced through doorways and damaged in the process.
• Goods left unsecured in the vehicle, shifting during transit and arriving broken.
• Storage damage caused by placing items in a damp or pest-affected area without inspection.
• Subcontractor mishandling, where a third party engaged by the primary removalist drops or loses an item.

In Barnes v DLM Furniture Vanlines Pty Ltd (2013) NSWCTTT 254, the tribunal relied on ACL consumer guarantees and bailment principles to find a breach where evidence showed poor handling and inadequate disclosure of terms. The case illustrates that tribunals look at the whole picture: how goods were handled, what terms were communicated, and whether the removalist can show they exercised reasonable care.

In Strong Movers v Dunn [2023] QCATA 55, the tribunal found that photographs, receipts, and consistent job records were central to the claimant’s successful case, reinforcing that evidence gathered at delivery often decides the outcome faster than legal argument alone.

How does duty of care differ from insurance?

These two things are frequently confused, and the confusion can be costly.

Duty of care gives you a legal pathway when the removalist was negligent. Insurance covers gaps that negligence law does not, particularly accidental damage where no one was careless. Relying only on a removalist’s legal duty leaves gaps that a transit insurance policy can fill, especially for high-value items.

Some removalists try to limit liability through per-item caps or by classifying themselves as non-common carriers. Where the move is a consumer transaction, statutory guarantees will frequently override unfair caps or wide exclusions. That said, proving a breach still requires evidence and effort. Holding both a strong legal claim and appropriate insurance is the most practical position.

What should you do if your goods are damaged during a move?

Act quickly and systematically. The strength of your claim depends almost entirely on the evidence you gather in the first 24–48 hours.

6. Contact your state consumer affairs body — Each state has a consumer protection office (Consumer Affairs Victoria, NSW Fair Trading, Consumer and Business Services SA, and so on) that can assist with ACL complaints.

Time limits matter. ACL claims for services are generally subject to a limitation period, and some removalist contracts attempt to impose shorter notice windows. Broad exclusion or short time-limit clauses may be void under ACL unfair terms provisions, but do not rely on that to delay action. Notify the removalist as soon as damage is discovered.

Before signing any quote, review the things to check before signing a removalist quote so you know exactly what the terms say about claims before the move begins.

How can you reduce risk before and during moving day?

Preparation on your end directly affects the removalist’s ability to meet their duty, and it strengthens your position if something does go wrong.

Before the move, create a written inventory of your goods, noting the condition of valuable or fragile items. Photograph high-value pieces from multiple angles. Discuss access issues at both addresses in writing, including stairs, lifts, parking restrictions, and narrow corridors. Agree in writing on the scope of packing: which items the removalist will pack and which you will handle yourself. Check whether the removalist’s terms were clearly presented and that you received them before booking, not buried in a post-booking email.

On the day, supervise loading where practical. Ask staff to use protective wraps on furniture — wrapping furniture before transit is a standard demonstration of due care. Note the names of the crew and the vehicle registration on your copy of the job sheet.

Pro Tip: If you are packing your own boxes, keep a numbered list of what is in each box and photograph the contents before sealing. If a box arrives damaged, that list is your evidence of what was inside. Understand that professional packing versus self-packing affects who bears responsibility for internal breakage.

What should you expect from a professional removalist?

A removalist who genuinely meets their duty of care operates in predictable, verifiable ways. Here is what you should be able to confirm before and during a job:

• Trained, competent staff who know how to lift, wrap, and stack items correctly and who use appropriate mechanical aids for heavy pieces.
• Correct equipment: trolleys, furniture blankets, packing materials suited to the item type, and a vehicle with load restraints.
• Clear, upfront terms explained at booking, not sent in a link after you have paid a deposit.
• Acknowledgement of special handling requirements for fragile, high-value, or bulky items such as pianos, pool tables, or artworks.
• A transparent claims process with a named contact, a written procedure, and a reasonable response timeframe.
• Job documentation: a written inventory or job sheet that both parties sign, and live tracking or delivery confirmation where offered.

When vetting a provider, ask directly about their insurance, their claims procedure, and how they handle subcontracted work. A reputable removalist will answer those questions without hesitation. For a practical checklist to assess any provider before you book, see signs of a trustworthy removalist company in Australia.

Key takeaways

A removalist’s duty of care under Australian Consumer Law and common law requires reasonable, professional conduct throughout the move, and those obligations cannot be contracted away for domestic consumer moves.

The part most people get wrong about duty of care

The most common misunderstanding is treating duty of care as a guarantee of zero damage. It is not, and courts have never said it is. What the law requires is a demonstrable process: reasonable steps, appropriate materials, competent staff, and clear communication. A removalist who wraps your furniture, uses load restraints, and documents the job has met a high standard even if a single item is scratched in transit. A removalist who throws boxes into an unpadded truck has breached their duty even if everything arrives intact.

That framing matters because it shifts the focus to preparation and communication rather than outcomes. The moves that end in tribunal claims almost always share a common thread: something important was not communicated before the job started. The customer did not mention the antique dresser was irreplaceable. The removalist did not explain that their terms capped liability at $100 per item. Neither party documented the pre-move condition of anything.

The ACL is a powerful tool, but it works best when both sides have done their part. Customers who declare fragile items, get terms in writing, and photograph their goods before the truck arrives are in a far stronger position than those who assume goodwill will cover the gaps. And removalists who explain their process, acknowledge special requirements, and keep job records are far less likely to face a claim in the first place. Clarity is not just good practice. It is the most effective form of dispute prevention available to both parties.

EasyMove Services and your duty-of-care protection

Knowing your rights is one thing. Choosing a removalist who actively works to meet them is another. EasyMove Services combines trained staff, protective packing materials, and real-time tracked moving services so you have a documented record of your goods in transit, not just a verbal assurance. That live tracking creates a transparent chain of custody from pickup to delivery, which is precisely the kind of evidence that supports a duty-of-care standard.

Services cover local and interstate moves, furniture removals, office relocations, bulky items such as pianos and pool tables, packing and unpacking, furniture disassembly and assembly, storage referrals, and NDIS-compliant moving. Fragile and high-value items receive specialist handling, and terms are explained clearly at booking, not buried in a post-booking email. If you want a mover who treats your job as an operational responsibility rather than a transport task, get a quote from EasyMove Services today at easymoveservices.com.au.

This article provides general information about Australian Consumer Law and duty of care principles. It is not legal advice. For specific legal concerns, consult a qualified legal professional or contact your state consumer affairs body.

Useful sources

The following official and authoritative sources are worth bookmarking if you need to pursue a claim or understand your rights in more detail.

• Marskell & Anor v Davis & Ors t/as The Local Bloke Removals [2015] NSWCATCD 34 — Tribunal decision applying ACL s 60 directly to a removalist dispute; useful for understanding how courts interpret due care and skill.
• Furniture removalists factsheet (Consumer and Business Services SA) — Plain-language summary of ACL guarantees for removalist services, including what exclusion clauses can and cannot do.
• Choosing a removalist (NSW Government) — Consumer-facing guidance on the three ACL service guarantees and practical steps for vetting a provider.
• Preventing unfair terms in furniture removal agreements (WA Consumer Protection) — Detailed guidance on which contract clauses may be void and how terms must be disclosed to be enforceable.
• Australian Competition and Consumer Commission (ACCC) — The national regulator’s guidance on automatic consumer guarantees and how they apply to services.
• Barnes v DLM Furniture Vanlines Pty Ltd (2013) NSWCTTT 254 — Tribunal decision illustrating how ACL guarantees and bailment principles apply when a removalist causes damage.
• Strong Movers v Dunn [2023] QCATA 55 — Recent Queensland tribunal case showing the types of evidence (photos, receipts, job records) that support successful claims.

“Consumer guarantees are automatic rights that apply regardless of what a service provider’s contract says. They cannot be excluded, restricted, or modified.” — Australian Competition and Consumer Commission.

FAQ

What does duty of care mean in a moving context?

Duty of care means a removalist must take reasonable, professional steps to avoid foreseeable damage to your goods during packing, transport, and delivery. Under ACL s 60, this is a statutory guarantee that applies automatically to every consumer move.

What is an example of a duty-of-care breach by a removalist?

A removalist who stacks heavy boxes on top of fragile items, fails to wrap furniture before loading, or leaves goods unsecured in the vehicle has breached their duty of care. Tribunals such as the NSWCTTT in Barnes v DLM have found liability on exactly these grounds.

What is the duty of care law in Australia for removalists?

The primary statutory basis is ACL s 60 (Schedule 2 of the Competition and Consumer Act 2010), which guarantees services will be rendered with due care and skill. Common-law negligence and bailment principles apply alongside it, and exclusion clauses that attempt to override these guarantees are void for domestic consumer moves.

Does duty of care replace the need for transit insurance?

No. Duty of care covers negligent conduct; transit insurance covers accidental loss regardless of fault. A removalist may have met their legal duty and yet your goods are still damaged through an unforeseeable accident. Separate transit insurance fills that gap, particularly for high-value items.

How long do you have to make a claim after a move?

ACL limitation periods generally allow a reasonable time to bring a claim, but some removalist contracts attempt to impose shorter notice windows. Notify the removalist in writing as soon as damage is discovered, ideally the same day, and do not rely on a contract clause to extend your time, as those clauses may themselves be void under ACL unfair terms provisions.

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