A business dispute happens when two or more parties disagree about a business matter and cannot reach a solution on their own.
Disputes are a normal part of running a business and can arise between businesses, customers, suppliers, contractors, employees, landlords or government agencies. They may involve issues with payments, contracts, goods or services, commercial leases, licences and permits, tax issues, or other business obligations.
Many disputes can be resolved through early communication, good record keeping and a clear understanding of each party's rights and responsibilities. If you cannot resolve the issue yourself, there are organisations that can help.
Where to start
Before contacting a dispute resolution service, take some time to:
clearly identify the issue and the outcome you're seeking
gather relevant documents, such as contracts, invoices, emails and records of conversations
review your rights and responsibilities
contact the other party and try to resolve the issue directly
keep a record of any steps you've taken to address the dispute.
Many disputes can be resolved through early communication and a willingness to work together to find a practical solution. If you're unable to resolve the issue, being prepared will help you access the most appropriate support and dispute resolution services.
Get help to resolve a dispute
Depending on the nature of the dispute, support available to you may include referrals to specialist services, negotiation assistance, mediation or other dispute resolution processes.
Access support for dispute resolution from a business advisor
General advice on dispute resolution is available for free for Tasmanian businesses with up to 19 Full-Time Equivalent employees through the New Business Support Service (NBS) and the Tasmanian Business Advice Service (TBAS). These services, funded by the Tasmanian Government, assist people across all stages of the business lifecycle, with up to two hours of advice provided through NBS and five hours through TBAS each financial year. You can speak with an advisor about your dispute to better understand the options available to you. To find out more about the support and to request to see an advisor:
The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) provides information about dispute resolution options and can help businesses access mediation and other alternative dispute resolution services. These processes are generally quicker and less costly than formal court action.
If you're unsure where to start, ASBFEO's Dispute Support Tool can help identify the most appropriate service for your circumstances.
If your dispute involves a Tasmanian Government agency or local council, you should first contact the organisation directly and follow its complaints or review process where available.
Businesses that remain dissatisfied after attempting to resolve the matter directly can contact the Ombudsman Tasmania, which investigates complaints about Tasmanian public authorities.
If your dispute involves an Australian Government agency, you should first contact the agency directly and attempt to resolve the issue through its complaint or review process.
If the matter is not resolved, you are able to seek assistance from the Commonwealth Ombudsman.
Some disputes are best handled by a specialist regulator, ombudsman or government agency with expertise in a particular area. These organisations can provide information about rights and responsibilities, investigate complaints, and help parties explore options to resolve disputes. Depending on the issue, support may include guidance, complaint handling, mediation or other dispute resolution processes.
Building and construction disputes
If your dispute relates to residential building work, Consumer, Building and Occupational Services (CBOS) provides information about rights, responsibilities and options for resolving building disputes.
If your dispute involves an electricity retailer, distributor or energy service provider, the Energy Ombudsman Tasmania may be able to help investigate and resolve the issue.
Disputes can arise in relation to workers' compensation insurance, including policy requirements, premiums, claims management, insurer decisions and other obligations under Tasmania's workers' compensation scheme.
Businesses should first raise concerns directly with their insurer or the relevant organisation.
If the matter remains unresolved, WorkSafe Tasmania is the best first point of contact for information about workers' compensation obligations, return-to-work requirements and compliance matters.
For issues relating to the administration of the workers' compensation scheme, insurer practices, or available review and dispute resolution processes, businesses can also contact the WorkCover Tasmania Board.
If a dispute cannot be resolved through direct communication, negotiation, mediation or an alternative dispute resolution process, you may need to consider formal action.
Before taking formal action, consider obtaining legal advice to better understand your rights, responsibilities, costs and possible outcomes. In some cases, legal advice may help you resolve the dispute without the need for a tribunal or court proceeding. The ASBFEO may provide eligible small businesses with access to low-cost legal advice for disputes involving another business or government agency.
Tasmanian Civil and Administrative Tribunal (TASCAT)
TASCAT resolves a range of applications, appeals and disputes. Depending on the matter, it may use mediation, conciliation, case conferences and hearings to help parties resolve disputes.
The Magistrates Court deals with civil disputes, including many business-related matters. In Tasmania, civil claims of up to $50,000 can generally be heard in the Magistrates Court.
business.gov.au provides practical guidance on preventing, managing and resolving business disputes, including communication and negotiation strategies.
The Australian Competition and Consumer Commission (ACCC) provides guidance on where businesses can go for support and advice when they have a dispute. Its information can help you identify the most appropriate regulator, ombudsman or dispute resolution service for your situation.
CBOS provides information about resolving complaints and understanding rights and responsibilities in a range of consumer and business matters in Tasmania.
Need help finding the right support?
If you're involved in a business dispute and aren't sure what to do next, contact Business Tasmania.
We can help you understand the support options available and connect you with the organisation best suited to your circumstances. This may include government agencies, ombudsmen, dispute resolution services, business advisory services or legal support providers.
Business Tasmania does not make decisions about disputes or provide legal advice, but we can help point you in the right direction.
