Diablo III out on the lurch. If a player preordered Diablo III from a GAME store that isn't stocking the game, they will not get a refund.
Customers received the following message from GAME who preordered Diablo III from a store not stocking the product: "Due to the appointment of an administrator to our business this morning, it is with regret that I inform you all that our stores will not be receiving any stock of diablo 3. Because of this, we regrettably will be unable to fulfill any pre-orders. Also, we will be unable to refund any deposits paid towards a pre-order of diablo 3. If you need any more info, please email email@example.com."
Unfortunately for those affected, there's no legal recourse, since the action is not illegal. The reason is that in legal terms, those who deposited for a preorder have become "unsecured creditors", thanks to The Corporations Act. Creditors are give priority for being paid off, while unsecured creditors have almost no priority at all.
Those who preordered with a credit card have one convoluted way to get their deposit back: register as a creditor. To find out how to register and get a Proof of Debt form, Aussie gamers can send an inquiry to this postal address:
GPO Box 2650