dispute tips
General tips on dispute resolution
Disagreements happen, but they don’t have to escalate into conflicts. Our Dispute Resolution Tips are here to turn challenges into opportunities for understanding and resolution.
Please note: This is general information only, Upfront Pay cannot provide legal, financial or taxation advice. At any point in any transaction you are at liberty to seek your own legal advice.
Stay calm and talk it out.
It can be frustrating when things aren’t going to plan, but optimal conflict resolution in the workplace starts with remaining calm. Sometimes, it might be worth stepping away, cooling off, and returning with a clearer perspective. Our expert advice? Stay calm for effective issue resolution.
Communicate, communicate, communicate.
Be in constant communication about the job progress. For significant issues, schedule a calm discussion to resolve matters. This may involve some negotiation and compromise. You will need to discuss the nature of your complaint, the desired outcome, and what action you think will settle the dispute.
Check your agreement for a dispute clause.
Some contracts specifically contain dispute resolution clauses, so it’s wise to check this before you take any further action. Usually, such clauses outline a prescribed dispute resolution process, which you are compelled to follow before initiating any alternative steps.
Settle an agreement.
If an agreement has been reached, fill out the Resolution Form outlining what both parties have agreed on. This ensures the agreement is summarised on paper and will be a valuable resource if further action is necessary.
Download the Resolution Form here.
In the unfortunate case that the parties can’t come to an agreement, one or both parties must immediately notify Upfront Pay that there’s a dispute underway. Upfront will hold the funds secure, and will release the funds when either:
1. An agreement has been settled; or
2. Upfront Pay is directed by a court or other authority to release the payment to a party.
I only have an issue with part of the job.
If only part of the job is under dispute, payment for the portion not under dispute can be released. The service provider is required to fill out the Job Variation Form and we will contact the customer to confirm the details.
Download the Job Variation Form here.
If the service provider needs to perform more work than the initial plan, and a mutual agreement is reached for an increased payment, the service provider simply needs to create a ‘New Job’ for the difference. Just make sure to highlight in the job description that it’s a variation of the original job.
You may need help resolving your dispute.
If, after a prescribed period of time (which may vary from state to state and contract to contract) you haven’t had a response or reached a resolution, you may need the help of a mediator in resolving the issue. For more information, see the list below and click on the State where the work was performed. This is a guide only and states change their rules and procedures periodically. It may also be very sensible at this point to seek your own legal advice.
State-specific next steps
QLD
The Queensland Building and Construction Commission (QBCC) has a few options which can help you resolve an issue with your tradesperson. Visit www.qbcc.qld.gov.au or call them on (07) 3447 2160 for more information.
In some cases you may wish to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a resolution. Go to Building disputes | Queensland Civil and Administrative Tribunal (qcat.qld.gov.au) for more information. Fees and time limits may apply.
NSW
NSW Fair Trading offers a dispute resolution service, for more information visit www.fairtrading.nsw.gov.au or call 13 32 20.
In some cases you may wish to apply to the NSW Civil and Administrative Tribunal (NCAT). For more information and to apply visit Home building (nsw.gov.au). Fees and time limits may apply.
VIC
Domestic Building Dispute Resolution Victoria (DBDRV) offers a free mediation service, visit the Domestic Building Dispute Resolution Victoria (DBDRV) for more information
In some cases you may wish to apply to the Victorian Civil and Administrative Tribunal (VCAT). For more information visit Before you apply – Building and construction disputes | VCAT . Fees and time limits may apply.
SA
The Office of Consumer and Business Services (CBS) offers advice and a mediation service that may help you reach an agreement. For more information contact them on 131 882, or visit https://www.cbs.sa.gov.au/#.
In some cases you may wish to apply to the Courts Administration Authority of South Australia. Visit Civil Claims courts.sa.gov.au, email [email protected], or call (08) 8204 2444 for more information. Fees and time limits may apply.
WA
The WA Consumer Protection – Department Of Mines, Industry Regulation and Safety offers a conciliation service. Fees and time limits may apply.
Visit Building service and home building work contract complaints | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au), call 1300 489 099, or email [email protected] for more information.
In some cases you may wish to apply to the State Administrative Tribunal (SAT) Visit State Administrative Tribunal (SAT) (justice.wa.gov.au) Note that fees and time limits apply.
NT
NT Consumer Affairs offers a free conciliation service when you can’t reach a resolution on your own. Contact Consumer Affairs by phone on (08) 8999 1999 or 1800 019 319, email [email protected] or visit Residential building disputes | Northern Territory Consumer Affairs for more information. Fees and time limits may apply.
TAS
If you are unable to solve the problem with your tradie, you may wish to speak to the Building Surveyor for assistance.
In some cases you may wish to contact Tasmania Consumer, Building and Occupational Services (CBOS) via email at [email protected] or by calling them on 1300 654 499. For more information visit https://www.cbos.tas.gov.au/
In some cases you may wish to contact the Tasmanian Ombudsman. You can call the ombudsman’s office on 1800 001 170, email [email protected] or visit Ombudsman Tasmania for more information. Fees and time limits may apply.
ACT
The Conflict Resolution Service offers a mediation service to assist you and your tradie in finding a resolution. For more information visit https://crs.org.au/
You may also wish to contact Access Canberra, visit https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/2270/ for more information.
In some cases you may wish to apply to the ACT Civil and Administrative Tribunal (ACAT). Visit https://www.acat.act.gov.au/fees-and-forms or call on (02) 6207 1740 for more information. Fees and time limits may apply.
Upfront Pay does not provide any legal advice, financial advice or taxation advice. You must seek your own advice in this regard.