There are different options available to resolve disputes about unpaid invoices and contracts.
We always recommend that you try to work out a solution between yourselves before getting help.
For unpaid invoices, there are steps you can take to encourage payment of outstanding invoices before you having to seek help. Learn more about getting your invoices paid.
If you can’t resolve your contract or payment dispute by yourself, there are places you can go for help.
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Where to go if you need help
If you can’t resolve your contract or payment dispute by yourself, there are places you can go for help.
- Small Business Commissions and Ombudsmen are a good place to try first. They can offer advice on how to recover debts and low-cost dispute resolution services like mediation.
- Debt collection services can help recover an unpaid amount for you. They can be helpful if mediation isn’t an option or hasn’t worked, or if you don’t want to go to a tribunal or court. Debt collection agencies take a fee for recovering a debt you are owed. Business.gov.au has information about debt collection services that might help you decide whether this approach is right for you.
- Tribunals cost less than court, and you don’t need a lawyer to represent you. They can make legally-binding solutions. Some offer mediation.
- Courts are the most formal, complicated and expensive option. Business.gov.au has information about when to go to court over a dispute that might help you decide whether this approach is right for you. We recommend you get legal advice before going to court.
Deciding what path to take
How you decide to try to resolve your dispute may depend on what outcome you are hoping for.
It can sometimes cost more to resolve a dispute than the breach or underpayment is worth. What action you take may ultimately be a business decision.
If you’re not sure what to do, find out where to get legal support and information.
First – check your contract
Some written contracts have a clause that says which state or territory laws apply.
- If it does — choose that state or territory from the list below.
- If it does not — choose the state or territory you are working in. The same applies if there is no written contract.
Find the right referral for you
Fill in the information based on your situation to find the right agency to assist you.
More in this section:
Getting your invoices paid
There are steps you can take to encourage payment of outstanding invoices before having to seek help. Keeping things professional encourages others to do the same.
