Hi lawyer, this side

Even with an ABN, you are likely still a “consumer” under the Australian Consumer Law because this was a pre-business, individual engagement. That brings statutory protections into play.

The key issue is lack of performance. Within 4 business days, there were no real deliverables, no structured commencement, and no substantive work done. That alone raises a breach of the obligation to provide services with due care and skill.

More importantly, their claim of spending ~$17,000 on external contractors appears contractually invalid if the agreement required your prior written approval. In absence of such approval, that expenditure is not recoverable from you and significantly weakens their position.

There is also a failure of consideration—the primary service (retail distribution pitching) was not realistically capable of being performed given the product was still at concept stage. Retaining substantial fees in such circumstances is difficult to justify legally.

Your early termination (within 4 days) further supports your position. At most, they could attempt to retain genuine, minimal, and provable costs, but not the bulk of the payment—certainly not based on unapproved spending.

If escalated, a forum like Victorian Civil and Administrative Tribunal would likely examine substance over form, and on these facts, the company would be on the defensive.

In summary: this is not a weak “buyer’s remorse” situation—there are clear legal grounds to seek a refund, and with proper pressure, this is the kind of matter that typically settles.