Bardok Technologies Pty Ltd (Bardok) describes itself as a global consultancy and IT Solutions company. Bardok regularly places advertisements on various websites offering employment opportunities for Information Technology (IT) graduates. The advertisements are directed to people residing in Australia on a skilled graduate visa. A skilled graduate visa allows the holder to remain in Australia for up to 18 months after completing higher education to enable the person to obtain the relevant points needed to meet the requirements of a permanent general skilled migrant visa.

Ravi was born in India and came to Australia to study. He completed a Masters degree in IT at a university in Queensland. He has temporary residency in Australia expiring September 2016. Unless Ravi qualifies for permanent residency by September 2016 he will be required to return to India. One way for Ravi to obtain permanent residency is to complete one year of work experience in the IT field. Ravi has found it very difficult to get an IT job because of his lack of practical experience in Australia.

In February 2015 Ravi read one of the advertisements for a position as a business analyst with Bardok. He submitted an application and was very pleased to be invited to an interview. At the interview he was told that Bardok was prepared to offer him 3 months of training which would prepare him for employment with Bardok and that on completion of the training he would be employed by Bardok. The cost of the training would be $4,250 if the full amount was paid within 7 days or $8,500 if paid in instalments. Ravi did not have a lot of money. He was concerned about the cost of the training and unsure of what to do. The Bardok representative told Ravi that because Bardok was guaranteeing jobs at the end of the training, the training positions would fill quickly and it is best for you to pay for the training as soon as possible.

Ravi was anxious to find skilled employment to assist his application for permanent residency. He borrowed money from all his friends and a few days later went back to the Bardok offices with the $4,250. When he paid the money, Bardok asked him to sign its standard form contract which included the following clause: Bardok Technologies Pty Ltd may terminate this contract at any time, without notice or reason. The trainee [Ravi] cannot terminate this contract for any reason.

Ravi went to his first training session with Bardok and found it was disorganised and so basic that it was of little value. In fact most of the time Bardok had the trainees contacting potential customers and otherwise assisting Bardok to grow its business. When Ravi discovers that Bardok never had any real jobs available he demands his money back. Bardok refuses to return the money. Advise Ravi of any legal actions available to him under contract law and under the Australian Consumer Law in these circumstances.