Quick answer
Most states have a small business commissioner or equivalent that offers free or low-cost help with disputes, especially over leases and late payments. NSW, Victoria, Queensland and South Australia have commissioners; in WA the Small Business Development Corporation runs dispute resolution; Tasmania offers Dispute Support through Business Tasmania. Federally, the Australian Small Business and Family Enterprise Ombudsman helps with disputes involving other businesses, Commonwealth agencies and the ATO.
Key points
- Commissioners help resolve disputes cheaply, usually through information, preliminary assistance and mediation
- Retail and commercial lease disputes are the most common reason owners get in touch
- WA's SBDC and Business Tasmania provide dispute help where there's no commissioner title
- The federal ombudsman (ASBFEO) covers disputes with Commonwealth agencies and the ATO
- Common issues
- Leases, late payment
- Cost
- Free or low cost
- Federal option
- ASBFEO
- Checked
- 1 October 2026
Disputes are expensive in time, money and sleep. A landlord who won’t fix the air-conditioning, a customer who won’t pay, a franchisor who changed the rules: for a small business, any of these can swallow weeks. Every mainland state has a public body designed to help resolve these problems before they reach a court, and there’s a federal ombudsman for disputes involving the Commonwealth. Knowing who to call is half the battle.
Who handles small business disputes in each state?
| State or territory | Who to contact | What they’re known for |
|---|---|---|
| New South Wales | NSW Small Business Commissioner | Mediation, retail lease guides, advocacy including faster government payments |
| Victoria | Victorian Small Business Commission | Low-cost preliminary assistance and mediation; retail tenancy; lease waiver certificates |
| Queensland | Queensland Small Business Commissioner | Dispute factsheets on leases, bonds, outgoings and payments; red-tape advocacy |
| South Australia | Small Business Commission SA | Leasing, franchising, farming, building and motor vehicle industry codes |
| Western Australia | Small Business Development Corporation | Dispute resolution service plus free advice on 133 140 |
| Tasmania | Business Tasmania | Dispute Support within its free advice services |
| ACT | ACT Government business advice services | Free advice through CBASS; financial counselling through the Small Business Debt Helpline |
| Northern Territory | business.nt.gov.au | Business support guide and programs |
| National | Australian Small Business and Family Enterprise Ombudsman | Disputes with other businesses, Commonwealth agencies and the ATO; franchising and industry codes |
What does each commissioner actually do?
New South Wales
The NSW Small Business Commissioner describes itself as an advocate for the interests of NSW small businesses. It offers mediation for disputes, guides for retail landlords and tenants, and practical resources on business disruption and mental health. It also champions faster payment of small suppliers by NSW Government agencies.
Victoria
The Victorian Small Business Commission provides low-cost dispute resolution through a structured process of preliminary assistance and mediation. It’s heavily involved in retail tenancy: it issues the certificate a tenant needs to agree to a retail lease shorter than five years, and it publishes guidance on maintenance, outgoings and disclosure. Its services extend to farmers, owner-drivers and other specialised groups.
Queensland
The Queensland Small Business Commissioner publishes dispute factsheets on commercial leases, bonds, outgoings, payment issues and repairs, and advocates for cutting red tape. It also runs a Small Business Friendly Program recognising organisations that support small business.
South Australia
The Small Business Commission SA handles disputes across building and construction, farming, franchising, motor vehicles, mining and retail and commercial leasing, and administers industry dispute resolution codes for building and construction and motor vehicles.
Western Australia
WA’s Small Business Development Corporation runs a dispute resolution service alongside its free advice line (133 140) and statewide workshops.
Federal
The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) helps small businesses in dispute with other businesses or with Commonwealth Government agencies. It provides information and access to mediation, supports disputes under the Franchising, Horticulture, Dairy and Oil codes, and offers a Tax Concierge Service for disputes with the ATO.
When should you contact a commissioner?
- Early. Commissioners work best before positions harden.
- When the problem is commercial, not criminal. They deal with leases, contracts, payments and supply arrangements.
- Before paying for litigation. Mediation is far cheaper, and many leases and codes require it anyway.
- With your paperwork ready. Leases, invoices, emails and a timeline of events make a big difference.
How does mediation usually work?
The details vary by state, but the pattern is similar. You contact the commissioner and explain the problem; they give you information and may contact the other party to encourage a resolution. If that doesn’t settle it, they can arrange mediation, where an independent mediator helps both sides reach an agreement. Mediation is confidential and much less formal than a tribunal or court. If it fails, you can still take the matter further, and in some states the commissioner issues a certificate confirming mediation was attempted, which may be needed before a tribunal will hear the case.
Where do money and disputes meet?
Disputes often create cash-flow problems. A customer withholding payment, a landlord demanding back-outgoings, or a supplier refusing to deliver can leave a business short while the dispute runs its course. Owners sometimes need working capital to keep trading until it’s resolved, or to fund a move to new premises when a lease relationship breaks down.
Unsecured and line-of-credit options for trading businesses typically run from $5,000 to $500,000, and property-secured loans from $20,000 to $5,000,000. If a dispute is squeezing your cash, see what your business could qualify for while the commissioner does their work.
Illustrative example: a Melbourne café is in a dispute with its landlord over a large outgoings bill after the building’s owner changed. The owner contacts the Victorian Small Business Commission, which arranges mediation. While that runs, the café uses a small line of credit to keep paying suppliers and staff, and settles the reduced amount agreed at mediation.
For the other kinds of state support available, see our grants by state comparison and the interactive state map. State detail is in the Victoria, NSW and South Australia guides.
Keep the business moving while you sort it out
A dispute shouldn’t stall everything else. Tell us your state, what’s happening and what you need. It is roughly a minute’s work and doesn’t involve a credit check. We keep your details with one team, not a string of lenders, and a real person calls you to work out whether a short-term facility or a longer loan makes more sense. Please fill the form in accurately so the options we bring are the right ones.
Frequently asked questions
What does a small business commissioner do?
It advocates for small businesses and helps resolve disputes without going to court, usually through information, preliminary assistance and mediation. Most focus heavily on retail and commercial lease disputes and payment problems.
Is it free to use a small business commissioner?
Information and initial assistance are generally free, and mediation is free or low cost depending on the state. Check the current fees with your state's commissioner.
Who helps with a lease dispute in Victoria?
The Victorian Small Business Commission, which provides low-cost dispute resolution including mediation for retail tenancy disputes.
Is there a small business commissioner in WA?
WA's Small Business Development Corporation provides dispute resolution services for small businesses, along with free business advice on 133 140.
Who can help with a dispute with the ATO?
The Australian Small Business and Family Enterprise Ombudsman provides assistance with ATO disputes through its Tax Concierge Service, as well as help with disputes involving other businesses and Commonwealth agencies.