BUSINESS INFORMATION
Types of disputes we can help with
We provide support for disputes related to contracts, leases, non-payment or non-performance, unfair terms, and other similar issues.
Contracts are a fundamental aspect of running a small business, as most business relationships involve some form of contractual agreement or obligation.
To minimize the risk of disputes, it is essential to document contracts in writing and ensure all parties fully understand their responsibilities. Including a dispute resolution process and a complaint-handling mechanism in your contracts can simplify issue resolution if conflicts arise. Before signing any contract, it is strongly advised to seek independent legal advice.
If you find yourself in a contractual dispute, consider the following steps:
- Review your contract to confirm the facts.
- Engage in discussions with the other party or parties involved.
- Document all discussions or agreements in writing.
- write a letter to the other party
- If an agreement cannot be reached, contact us for further assistance, including access to our dispute resolution service.
- seek legal advice if necessary.
Leasing business premises
Disputes between tenants and landlords should be resolved efficiently to minimize costs and preserve the business relationship. Start by reviewing the lease and related documents to understand your rights and obligations. A well-drafted lease typically clarifies the terms agreed upon by both parties. If the lease does not address the issue, consult one of commercial leasing advisers or seek independent legal advice.
Retail shop lease disputes
For disputes involving retail shop leases, our case managers can assist both parties in clarifying or resolving issues through negotiation and mediation. In most cases, you must first attempt to resolve the dispute through our dispute resolution service before applying to the State Administration Tribunal (SAT).
To determine whether your retail shop lease dispute requires a certificate or can proceed directly to the SAT use the SAT application wizard. (Select the Commercial Tenancy (Retail Shops) Agreement Act 1985 as the applicable legislation.
Non-payment or non-performance of goods and services
Under Australian Consumer Law (ACL), your business is considered a “consumer” when purchasing goods and services that:
- Are valued at less than $100,000.
- Exceed $100,000 but are typically used for personal, domestic, or household purposes; or
- Include commercial vehicles or trailers primarily used for transporting goods on public roads.
In such cases, you may be entitled to remedies under the ACL consumer guarantees if issues arise. If a dispute occurs regarding goods or services provided to your business, our dispute resolution service may be able to assist.
If your business supplies goods and services, you must comply with the consumer guarantees outlined in the ACL.
If a customer fails to pay and the non-payment is unrelated to the performance of the goods or services, follow our procedure to recover a debt.
Non-payment in the construction industry
In Western Australia, specific legislation provides a rapid adjudication process for resolving payment disputes in the building and construction sector.
- For contracts entered from 1 August 2022, the Building and Construction Industry (Security of Payment) Act 2021 applies.
- For contracts entered before 1 August 2022, the Construction Contracts Act 2004 applies.
These Acts allow for the appointment of an adjudicator—a registered professional experienced in construction contract administration and dispute resolution—and establish strict timelines to ensure prompt decisions and payments. Adjudication claims must be filed within 90 business days of the dispute arising, which may involve disputes over amounts, late payments, or incomplete payments.
For more information on construction industry payment disputes, visit the Department of Energy, Mines, Industry Regulation and Safety website:
- Information for disputes over contracts entered into prior to 1 August 2022 (falling under the Construction Contracts Act 2004)
- Information for disputes over contracts entered into from 1 August 2022 onwards (falling under the Building and Construction Industry Security of Payment) Act 2021.
If a customer has not paid you and the non-payment is not as a result of the goods or services failing to perform correctly, you should follow our procedure to recover a debt.
Disputes with government departments or agencies
Disputes between businesses and government departments or agencies can sometimes arise. Our dispute resolution service may assist by contacting the relevant government body to clarify the issue and work toward a resolution.
Franchises
Most franchise agreements require both parties to attempt resolving disputes through mediation or other dispute resolution processes. Parties under a franchise agreement also have rights and obligations under the Franchising Code of Conduct, administered and enforced by the Australian Competition and Consumer Commission (ACCC). Contact the ACCC for further details.
The Australian Taxation Office (ATO) offers an in-house facilitation service for businesses with a tax or superannuation disputes.
DCK ENTERPRISE HELPLINE
Need more information about leasing?
Our commercial tenancy advisers at DCK Enterprise are available to address any questions or concerns.
- Call us on 00000
- Book an online or phone appointment
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