WA Consumer Watchdog Takes Legal Action Over Alleged Fuel Mislabeling at Burk Fuel Stations

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A major legal dispute has emerged in Western Australia after the state’s consumer watchdog alleged that a chain of petrol stations sold Unleaded 91 fuel as higher-priced 95 and 98 premium fuels, potentially affecting thousands of motorists across Perth and regional areas.

The Consumer Protection WA has commenced civil proceedings in the Supreme Court against Burk Fuel, which operates 14 service stations across Western Australia, alleging breaches of the Australian Consumer Law.

According to Consumer Protection, independent testing was conducted on fuel samples collected from several Burk Fuel outlets between July 2025 and February 2026.

Trish Blake, Western Australia’s Consumer Protection Commissioner, said the results allegedly showed that all tested samples were in fact 91-octane fuel, despite being sold and advertised as higher-octane products.

“All of the samples came back as 91 fuel,” Blake said.

She described the allegations as a serious issue that could represent a significant breach of consumer trust if proven in court.

“Particularly for something like fuel, where you do not have the independent ability as a consumer to inspect the product and know if you’re getting what you’ve paid for,” she said.

“You have to be able to rely and trust on the trader.”

Premium fuels such as 95 and 98 octane petrol generally command higher prices than standard 91-octane unleaded fuel and are often recommended or required for high-performance and luxury vehicles.

Consumer Protection said motorists who believed they were purchasing premium petrol may have paid significantly more than the product was worth.

“It’s a significant difference in value,” Blake said.

“A lot of the high-performance cars only run well on the high-performance fuel. Some people will have been putting, in good faith, what they believe to be premium 98 unleaded fuel into their high-performance car.”

When the investigation first became public earlier this year, Burk Fuel strongly rejected the allegations, stating that the company used a reputable fuel supplier and regularly tested its products to ensure compliance with standards.

The Supreme Court proceedings will now examine whether the allegations can be substantiated and whether any breaches of consumer protection laws occurred.

The case is expected to be closely watched by motorists, fuel retailers, and regulators, given the potential implications for fuel quality standards and consumer confidence across Western Australia.

 

 

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