- Court action alleges premium fuel misrepresented at Burk Fuel service stations
- Testing allegedly found Premium 95 and 98 fuel consistent with unleaded 91
- Motorists should be able to trust fuel quality claims and get what they pay for
The Commissioner for Consumer Protection has commenced civil proceedings in the Supreme Court of Western Australia alleging a fuel retailer made false or misleading representations about the octane rating of fuel sold at a number of WA service stations.
The proceedings by the Commissioner against Burk Fuel Pty Ltd and Burk Pty Ltd allege breaches of the Australian Consumer Law.
The action follows an extensive investigation by the LGIRS Consumer Protection team, undertaken with assistance from the Australian Government’s Department of Climate Change, Energy, the Environment and Water (DCCEEW).
The Commissioner for Consumer Protection alleges motorists paid for fuel represented as Premium 95 and Premium 98 when testing indicated it was consistent with regular unleaded 91 (ULP).
Independent fuel testing undertaken during late 2025 and early 2026 identified concerns about fuel sold at several Burk Fuel sites. The alleged conduct occurred across multiple sites between 1 July 2025 and 2 February 2026.
As part of the investigation, Consumer Protection executed search warrants at a number of metropolitan and regional service stations and obtained documentary and electronic evidence.
Commissioner for Consumer Protection Trish Blake said the proceedings concerned whether consumers received the product they paid for.
“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,” Ms Blake said.
“We allege Burk Fuel represented certain fuels as Premium 95 and Premium 98 when testing indicated these products were consistent with regular unleaded 91 ULP.
“Consumers are entitled to rely on representations made about products they purchase, including information displayed at bowsers.
“Businesses must not make false or misleading representations about the goods they sell, and we will take action where we believe conduct may contravene the Australian Consumer Law.”
Information about consumer rights and responsibilities under the Australian Consumer Law is available on the Consumer Protection website.
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Media Contact: media@lgirs.wa.gov.au