Our dispute resolution team helps Western Australian small business owners work through disagreements with other businesses, clients, business partners and/or government agencies.
We can help you understand the issues, explore practical options and, where appropriate, support both parties to find a way forward.
How to contact us about a business dispute
Complete our online dispute resolution request form to tell us about the issue.
Our dispute resolution team will review your information and identify the best SBDC support option that can help, based on your situation.
Our guidance, early intervention and case management services are free to access. If mediation is suitable, it is available at a subsidised fee of $125.
Complete the dispute resolution request form
Disputes we can help with
Our dispute resolution team can help with a range of business disputes, including:
- unpaid invoices and payment disagreements
- contracts and/or goods and services that have not been provided as agreed
- commercial leases, rent, outgoings and other tenancy issues
- disagreements with suppliers, business customers or other businesses
- disputes between business partners or shareholders
- disputes involving the commercial activities of government agencies
If your issue isn't listed, you can still contact us for assistance. We will assess your situation to see if the SBDC's service are suitable to help or whether another avenue would be more useful.
Commercial tenancy disputes
We help landlords and tenants with commercial tenancy disputes, regardless of whether or not the lease is covered by the Commercial Tenancy (Retail Shops) Agreements Act 1985. This includes disputes related to rent, outgoings, maintenance, lease obligations or the end of a lease.
Leases covered by the Act
Some leasing matters need to be decided by the State Administrative Tribunal (SAT). In relevant cases, the Small Business Commissioner may issue a certificate that allows a party to apply to SAT. We can explain this process in more detail if it applies to your dispute.
Other commercial leases
If your lease isn't covered by the Act, we can still help. This could include information and guidance, early intervention, case management and mediation.
If you are unsure about whether the Act applies to your lease, you can still contact our dispute resolution team about your situation.
What to include in the dispute resolution request form
When completing the dispute resolution request form, please tell us:
- What has happened?
- Who the involved parties are.
- Any actions you have taken to resolve the dispute so far.
- Whether you have raised the issue with the other party.
- Any response you received from the other party.
- What outcome you are seeking from the dispute resolution process.
You can still contact us if approaching the other party has not been possible or appropriate. We ask that you have the relevant documents (such as a contract, invoice, lease or correspondence) ready in case we need to refer to them.
If you need help completing the form or would prefer to speak with us, call 133 140 or email disputes@smallbusiness.wa.gov.au.
What happens after I submit the form?
We will contact you if we need more information. Depending on the dispute, we might provide information or guidance, offer early intervention, consider more involved case management or suggest another service.
Every dispute is different, so we will only use the options that best suit your situation. Not every matter will go through each stage of the dispute resolution process.
Information and guidance
We can give you practical information to help you understand your options and take the next step to resolving the dispute yourself. If another organisation is better placed to deal with the matter, we will refer you to them.
Early intervention
Early intervention encourages the parties to address the dispute directly with each other. Where appropriate, we can send information to both parties that explains our service and encourages them to communicate, consider each other's position and explore a practical resolution themselves.
Intensive case management
Where a dispute needs more assistance and the parties are willing to engage, a Dispute Case Manager can work with both sides to clarify the issues, support communication and explore possible solutions. The Case Manager is impartial and cannot require either party to agree to an outcome.
Mediation
If appropriate, we can arrange a mediation session with an independent mediator. Mediation gives both parties a structured opportunity to discuss the issues and negotiate their own agreement. It is voluntary, and whether the mediation goes ahead depends on the dispute and the parties being suitable to complete the mediation process. Mediation costs $125 per party, per session. We will explain the process and fee before you decide whether to proceed.
Frequently asked questions
Does the other party have to participate?
You can submit the dispute resolution request form without the other party's agreement. If we offer to work with both parties, each party can choose whether to take part. If the other party does not engage, we can still discuss possible next steps with you.
Is the dispute resolution service confidential?
We handle information in accordance with our privacy and legal obligations. If we propose to contact the other party, we will explain how your information might be used or shared. Mediation is conducted on a confidential basis, subject to applicable legal requirements.
What is the dispute resolution team's role?
We provide impartial assistance to help you understand the issues, communicate with the other party and explore possible solutions. We do not decide who is right, require either party to participate or enforce payment. We cannot provide legal or financial advice. You can seek independent professional advice about your rights, finances, deadlines or a proposed agreement at any time.
What happens if we cannot resolve the dispute?
We can discuss other options, such as seeking legal advice or applying to a court or tribunal where appropriate. Using our service does not stop you from seeking independent advice.
Ready to turn to us about a dispute?
Submit the dispute resolution request form and our dispute resolution team will assess the information you provide.
