Types of disputes we can help you with
In Western Australia, small businesses can seek the assistance of the SBDC to resolve disputes including those involving unfair market practices, government agencies and those related to retail shop leases.
- Types of disputes
- Can the dispute be settled?
- Tips for settling disputes
- Retail shop lease disputes
Types of disputes
The types of disputes may include, but are not limited to:
- retail tenancy disputes - most disputes involving retail shop leases must be certified by the Small Business Commissioner before being escalated to the State Administrative Tribunal (SAT)
- other commercial tenancy disputes
- debt collection
- business to government disputes
- disputes over contracts for the supply of goods and services
- franchise disputes
- intellectual property disputes
- trade practices - restrictive trade practices, anti-competitive behaviour
- unfair market practices
- professional and product liability.
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Can the dispute be settled?
Before you apply to us for assistance you should try to settle your dispute with the other party. There are good reasons for this, such as:
- If you can reach a settlement yourself, you have control over the outcome.
- Genuine attempts to resolve the dispute can dissipate hostile attitudes and can turn the situation around.
- It may save you time and money.
Some tips for settling disputes:
- Be calm, polite and professional.
- Think about what you want to say before you speak with the other party and make some notes.
- Find out about your rights and obligations. It might help you reach a settlement if you know your entitlements and responsibilities.
- Make a list of possible solutions to the dispute to discuss with the other side. Be realistic.
- Try to understand the position of the other party from their point of view.
- Speak with the other party - listen carefully to what they have to say. You will often find that the distance between your positions is not as great as it may have initially appeared.
- Be genuine in your efforts.
- If ringing or visiting the other party, record what you discuss and any agreements you make.
- Make sure you speak to the person in charge who has the authority to make a settlement.
- If writing to the other party, make sure your letter is clear and offers a solution. Keep a copy.
- Your offer to settle might not be accepted. Think about whether you want your settlement discussions to be "off the record" or capable of being disclosed at court. If you want the offer to be off the record, make your offer in writing and write that it is "without prejudice".
If you find it difficult to deal directly with the other party, ask for help. Email or call us on 131 249.
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Retail shop lease disputes
Any party to a retail shop lease may refer a dispute regarding a retail shop lease to us for guided resolution or mediation by an independent mediator.
Guided resolution allows case managers to assist parties to clarify or resolve matters before recommending mediation.
Most retail shop lease disputes now require any party making an application to the State Administrative Tribunal (SAT) to obtain a certificate from the Small Business Commissioner.
It is preferable to attempt to reach a settlement yourself. You have control over the outcome and it may save you time and money.
Parties may go directly to the SAT for a judgement on:
- requiring injuctive relief
- approvals
- administrative matters.
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