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@satana_65 wrote:

if item was sent from australia it is an australian transaction and ebay over seas cannot legally get involved.. 

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Incorrect, the buyer is overseas, so any dispute will be handled by that country's eBay claim process.

No different if you were to buy an item from overseas, any claim opened by you would be dealt with by eBay Australia.

I may not be a lawyer, but I do know that when you sign up to buy or sell on eBay you acknowledge that you agree to their terms and conditions to use the site. 

Have a read through those policies some time, if nothing else it'll keep you quiet for a while.