Resolving an issue with another business

Contact the business to discuss the issue

If you have a problem with another business, contact them and try to resolve your issue directly.

1. Be prepared

Review any relevant communications or agreements with the other business. This will help you understand the issue and explain it to the other business.

It can also help if you understand your rights and guarantees when you make contact. You have rights under the law if:

you have a contract in place
a business has used an unfair practice
a product supplied to you doesn’t meet certain rights and guarantees
a problem with a product you sold is the manufacturers fault.

If you have a debt issue, there are rules for chasing debt.

If you have a written contract, you should check if it specifies a complaint or dispute resolution procedure you should follow.

When a mandatory industry code applies to your business or dispute, you need to follow the dispute resolution process outlined in the code.

2. Make contact

Contact the other business and inform them of the problem. Do this as soon as possible.

When you contact the business, you need to explain:

what the problem is
the outcome you want
what action you think will settle the issue.

The other business may be able to fix the problem quickly or explain how they can fix the problem and when they will do this.

3. Put it in writing

It’s a good idea to put your issue and discussion in writing as a letter or email.

That way you can clearly set out your points and attach supporting relevant documents, such as an invoice or contract. It also creates a record of the discussion and any decisions or agreements you reach.

Business.gov.au has a you can use.

If discussion doesn’t work, you should write to the other business before you take the issue further.

Outline the problem and the steps you will take if the business doesn’t resolve it. Ask for a response within a reasonable timeframe.

This gives the business a final chance to fix the problem. It’s also a record of how you have tried to resolve the issue directly. Some third parties require you to take this step before they will help you to try resolving the dispute.

If you can’t resolve the issue directly

If you can’t negotiate a resolution with the business directly, there are other steps you can take.

Check what help is available

There are agencies and services that can provide advice and help businesses resolve disputes. Where to go depends on your issue and business.

Some industries have an ombudsman dispute resolution scheme that can help after direct negotiation has failed.

If you’re a small business, learn about dispute resolution support for small businesses.

Learn about the other agencies and resources that support businesses with information, advice and access to specialist services.

Seek legal advice

If you can’t resolve the dispute through other options, you should consider seeking independent legal advice.

A lawyer can help you understand your issue and the options available to your business. For example, they may recommend an alternative dispute resolution method like mediation.

The law society in your state or territory can provide information about getting legal advice and refer you to a lawyer.

Try alternative dispute resolution

You can try an alternative dispute resolution process, such as mediation or conciliation. These processes involve an independent third-party stepping in to help you and the other business resolve your dispute without going to court. They are usually quicker and cheaper than taking legal action.

You can contact your local small business commissioner for help to find an accredited mediator.

The law society in your state or territory can also provide information about alternative dispute resolution services and refer you to a qualified professional.

Go to a court or tribunal

Taking a dispute to court can be expensive, stressful and time consuming. It should only be considered if all other options have failed.

We recommend you get advice from a lawyer before you take any legal action.

Business.gov.au has helpful information about .

The court or tribunal you need to go to can depend on the type of dispute, the amount of money you’re seeking (your claim) and the location of the businesses involved.

If your dispute involves a small claim, generally under $25,000, you may be able to take your case to a small claims court or tribunal. This is often faster, more affordable and less formal than going to higher courts.

When your dispute falls under an industry code

Under the Australian Consumer Law, certain disputes must be resolved using the framework of an industry code.

Industry codes set out the rules or minimum standards for businesses in specific industries, including how disputes must be resolved.

If a mandatory code applies to your dispute, you must follow the resolution process outlined in the code.

View a full list of prescribed mandatory codes the ��ԭ�� enforces.

Next steps for business

Report the issue to the ��ԭ��

Businesses can report issues to the ��ԭ��. This includes false or misleading claims by other businesses and anti-competitive behaviour. We use these reports to inform our education and compliance work.

Report an issue

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