I purchased a mobile phone outright from one of the major retailers.
Within a few months it started experiencing major problems (randomly turning off, system reboots rendering phone useless for upwards of 30 minutes).
It was returned to the retailer and they sent off to repairer. At the time the repairer was actually 'closing down' (publicly advertised on their website), so after a few weeks it came back with a 'cracked screen/water damage' response. I went back in-store where we viewed the returned item. It was in 'perfect' condition - not so much as a scratch. The manager apologized and said it would be sent back. I actually informed him of the fact that the agent was closing down. He was not aware at the time. I have email evidence of this conversation confirming they have possession of the phone.
Fast forward 3 months (100 + days since originally submitted) and I still haven't received the phone back and now the retailer is ignoring my emails regarding follow up.
Is it time to go to the ACCC?
If the retailer is out of business, then your warranty still exists with the manufacturer
Talk to them, be polite, but firm and take no BS. Demand a new phone now, this week.
Your first phone has obviously suffered a major fault (see ACL website) and therefore you have a remedy as set out there.