Fuel Retailer Faces Court Over Alleged Octane Misrepresentation
Western Australia's consumer watchdog filed civil proceedings against Burk Fuel, alleging the company sold standard unleaded fuel while charging motorists for premium grades.
A prominent discount fuel chain in Western Australia is facing legal action after consumer protection authorities alleged the company sold standard 91 octane fuel while charging drivers for premium 95 and 98 octane products. Consumer Protection Commissioner Trish Blake announced the civil proceedings in the Supreme Court of Western Australia on Monday, following a nearly year-long investigation.
The legal action targets Burk Fuel Pty Ltd and Burk Pty Ltd for alleged breaches of consumer law. According to the watchdog, the deceptive practices took place over a seven-month period between July 2025 and February 2026. The investigation was initiated after authorities received a tip from a whistleblower, prompting them to dispatch secret shoppers to various company locations.
The regulatory body alleges that 10 stations sold fuel represented as 98 octane and eight stations sold fuel represented as 95 octane, with an overlap totaling 14 impacted sites across the state. Independent testing conducted by accredited laboratories revealed that the fuel in question consistently tested at only 91 octane. "When motorists choose to pay more for premium fuel, they should be able to rely on the information provided by the retailer and have confidence they are receiving the product they purchased," Blake stated.
Authorities executed search warrants at multiple metropolitan and regional service stations, gathering electronic and documentary evidence with assistance from the Australian Government's Department of Climate Change, Energy, the Environment and Water. Blake noted that the company undercut competitors by up to 10 cents per liter, an economic advantage she suggested was enabled by the alleged misrepresentation. "We have what we think is fairly rock solid evidence that there was an effort to mislead the public on all of those cases," she said.
In response to the allegations, the watchdog is seeking significant court orders against the company, including financial compensation for affected consumers. Legal proceedings have officially been filed, and the company is expected to address the claims in the state's Supreme Court. The allegations remain untested in court.
During the investigation, tensions arose between regulators and the company regarding document disclosure. Burk Fuel fought the release of investigation files by bringing the matter before the State Administrative Tribunal, with its legal representatives arguing that the requested documents were protected by legal privilege. Furthermore, the company has not been cooperative during the process, according to the commissioner.
The fuel provider is simultaneously involved in a separate legal battle in the Supreme Court concerning commercial leases. Burk Fuel launched a writ against five corporate landlords after alleging they improperly terminated leases at several locations, including Arthur River, Williams, Carrabin, Camillo, and Beaufort River. Despite the ongoing lease disputes and the new consumer protection lawsuit, all Burk Fuel locations continue to operate normally, with the exception of the Arthur River site.
Meanwhile, the issue may extend beyond Western Australia. Blake confirmed that she contacted the Commissioner for Consumer Affairs in Victoria after Burk recently established three service stations in that state, and Victorian officials are reportedly reviewing fuel quality at those sites as well.