Victorian Small Business Commission

What types of complaints can you make?

The VSBC helps resolve many types of disputes involving small businesses in Victoria. This includes:

General business-to-business or business-to-government disputes:

• Unpaid invoices or late payments.
• Breach of contract or agreement.
• Faulty or undelivered goods or services.
• Misleading or unfair market conduct.
• Disputes over buying or selling a business.
• Partnership or shareholder disputes.
• Licensing, agency, or distribution agreement issues.
• Disputes between a small business and a government body in a commercial setting.

Retail leasing disputes (retail tenants and landlords):

• Security deposit (bond) not returned.
• Repairs and maintenance issues.
• Outgoings or charges disputes.
• Disclosure statement or lease information problems.
• Lease renewal or option disputes.
• Assignment or transfer of lease disputes.
• Tenant breach (e.g. unpaid rent).

Owner driver and forestry contractor disputes:

• Unfair contract termination or lack of notice.
• Disputes about contract terms and conditions.
• Breaches of the Owner Drivers and Forestry Contractors Act or Code of Practice.

Farm debt mediation:

• Farm loan payment disputes or foreclosure threats.
• Farmer-initiated debt mediation.

Taxi and hire car driver disputes with operators:

• Pay and contract disputes.
• Bond or expense disputes.
• Unfair termination or suspension.
  (Note: you must first go through Safe Transport Victoria before lodging with the VSBC)

Rideshare and gig economy disputes:

• Payment issues on platforms.
• Unfair treatment or account suspensions.
• Disputes over unfair contract terms.
• Owner driver rights for delivery drivers.

Franchising disputes:

• Franchisors not meeting obligations.
• Franchisee compliance and fee disputes.

Smash repairer and insurer disputes:

• Disagreements over repair costs and methods.
• Binding determinations under the Motor Vehicle Insurance and Repair Code (if mediation fails).

Mining and land access disputes:

• Land access and compensation disagreements between landholders and exploration companies.

The VSBC cannot handle:

• Employment problems: e.g. wages, unfair dismissal, bullying, working conditions.
• Consumer complaints: e.g. customers unhappy with goods or services.
• Injuries or negligence claims: e.g. personal injury, harm caused by negligence.
• Cases already in court or VCAT.
• Urgent legal action: e.g. injunctions to stop something immediately.
• Criminal offences: e.g. fraud, theft, misconduct.
• Complaints from charities or community groups (unless they are acting as a business in a contract).
• Tax, superannuation, or government grants disputes (ATO or funding issues).
• Intellectual property disputes: trademarks, copyright, or patents.
• Private property disputes outside retail leases: e.g. residential tenancies or land ownership disagreements.

Jurisdiction: 

At least one party must be in Victoria, or the dispute must relate to Victorian business law (e.g. a lease in Victoria, a contract with a Victorian business).

Time limits:

• Retail leases: must go through the VSBC before VCAT. Best to act within 6 years (general contract limit).
• Farm debt: farmers have 21 days to request mediation after a creditor issues a notice.
• Owner drivers and forestry contractors: must attempt VSBC mediation before VCAT. Arbitration must be applied for within 14 days of a failed mediation certificate.
• Taxi and hire car disputes: must first go through Safe Transport Victoria, then to the VSBC.
• Smash repair disputes: no strict time limit, but best raised as soon as possible.
• General business and franchising disputes: no fixed limit, but courts have 6-year limits for contract disputes.

Discretion: 

The VSBC may refuse a complaint if it is trivial, vexatious, already dealt with elsewhere, or unlikely to be resolved.

Who can you make a complaint against?

The VSBC can accept complaints against:

• Landlords: Retail landlords who breach lease terms, withhold bond money, fail to repair property, or act unfairly in lease dealings.
• Retail tenants: Tenants who fail to pay rent, damage property, or breach lease terms.
• Other businesses: Businesses you have a contract or agreement with (e.g. unpaid invoices, poor services, contract breaches, business sale disputes).
• Franchisors: Franchise owners who break agreements, act unfairly, or breach the Franchising Code.
• Franchisees: Franchise operators who fail to pay fees, damage brand reputation, or breach agreements.
• Contractors and subcontractors: Individuals or businesses engaged for goods or services who breach contract terms or under-deliver.
• Owner drivers or forestry contractors: Small operators who breach contract terms or refuse work without proper notice.
• Hirers of owner drivers or forestry contractors: Companies that underpay, cancel work unfairly, or breach the Owner Drivers and Forestry Contractors Act.
• Explorers / miners: Licence holders who enter land without consent, cause damage, or ignore access agreements.
• Landholders: Property owners who breach land access agreements with explorers.
• Farm debt creditors: Banks or lenders enforcing farm debt without offering mediation as required by law.
• Farmers: Farmers who refuse or ignore mediation requests under the Farm Debt Mediation Act.
• Taxi or hire car operators: Operators who underpay, withhold bonds, breach contracts, or unfairly terminate drivers.
• Taxi or hire car drivers: Drivers who breach agreements, damage vehicles, or fail to pay agreed fees.
• Insurers (smash repair disputes): Insurance companies that refuse fair repair costs or methods.
• Smash repairers: Licensed repairers who overcharge, delay, or use unsafe methods.
• Gig platforms / digital platforms: Platforms like Uber, DoorDash, or Airtasker that underpay, apply unfair contract terms, or treat contractors unreasonably.
• Government bodies / public entities: Local councils, departments, or agencies involved in commercial agreements (e.g. unpaid invoices, unfair tender processes).

The VSBC will not accept complaints against:

• Private individuals (e.g. neighbours, friends, or family) in personal disputes.
• Customers or consumers (people who buy your product or service).
• Employees (staff pay, performance, or HR disputes).
• Employers (worker issues like underpayment or dismissal – go to Fair Work instead).
• Residential landlords or tenants (only retail leases are covered).
• Charities or clubs that are not acting as businesses.
• People or businesses outside Victoria (unless the conduct happened in Victoria).
• Personal or family disputes that are not business-related.
• Government regulators acting in enforcement roles (e.g. fines, permits, grant rejections).
• Parties already in court or VCAT over the same matter.
• Entities that don’t legally exist (e.g. fake or unregistered businesses).

Are you eligible to make a complaint?

Who can make a complaint:

• Small business owners (including franchisees and franchisors).
• Retail tenants and landlords.
• Owner drivers and forestry contractors.
• Farmers and farm debt creditors.
• Miners and landholders.
• Taxi, hire car, and rideshare drivers.

Pre-requisite steps:

• General disputes:  No formal steps are required before lodging with the VSBC. However, you are encouraged to first try resolving the issue directly with the other party. The VSBC provides tips and resources to help with this.
• Driver and operator disputes: Complaints between drivers and operators must first go to Safe Transport Victoria (STV).
  • If unresolved, STV may refer the matter to the VSBC.
  • For Driver Agreement disputes (taxi, hire car, rideshare), the Commercial Passenger Vehicles Victoria (CPVV) division of STV must handle the complaint first. If unresolved, CPVV issues a certificate, which must be lodged with the VSBC within 30 days for mediation.

Can you make a complaint on behalf of someone else?‍

Yes. You can make a complaint on behalf of a small business, provided you have their permission.

The VSBC will not accept complaints from:

• Employees: staff pay, dismissal, or treatment at work (go to Fair Work instead).
• Private individuals in a personal capacity (e.g. neighbour disputes, residential rentals, personal purchases).
• Consumers/customers (e.g. refunds or replacements – go to Consumer Affairs Victoria).
• Charities or not-for-profits not operating as businesses (e.g. community clubs).
• Large businesses, listed companies, or corporate groups (the VSBC is for small businesses).
• People not directly involved in the dispute (e.g. advisors, friends, unrelated third parties).
• Complainants with no Victorian connection (the dispute must relate to Victorian business, contracts, or property).
• Parties trying to reopen disputes already settled in court, tribunal, or by signed agreement.

Additional information:

• You can contact the VSBC before lodging to confirm if they are the right body: call 1800 878 964 or email enquiries@vsbc.vic.gov.au.
• The VSBC does not use a strict definition of “small business” – it considers complaints case by case, including those involving not-for-profits or government bodies in a commercial context.

What can this body do to help?

Early help and informal resolution: 

The VSBC can step in early by contacting the other party to explain the complaint, clarify legal rights and obligations, and encourage a quick resolution. This might involve phone calls, letters, or informal meetings.

Pre-mediation meetings: 

Sometimes the VSBC may offer a short, informal meeting before formal mediation. The goal is to clarify the issues, build trust, and encourage participation. These meetings are optional and not binding.

Mediation: 

The VSBC offers low-cost, confidential mediation with an independent mediator. The mediator helps both sides work toward an agreement.

• If an agreement is reached, both parties sign Terms of Settlement, which are legally binding.
• If one party breaks the agreement, the other can enforce it at VCAT or in court.

Arbitration (owner driver and forestry disputes only): 

If mediation fails in an owner driver or forestry contractor dispute, either party can request arbitration.

• The VSBC appoints an independent arbitrator who makes a final, binding decision.
• The decision can be registered and enforced like a court order.

Farm debt mediation certificates: 

For farm debt disputes:

• If a farmer refuses or fails to mediate, the creditor can apply for an exemption certificate to start recovery action.
• If mediation takes place but fails, the VSBC issues a mediation failure certificate, which allows the creditor to proceed with enforcement.

Certificate of unsuccessful mediation: 

If mediation doesn’t succeed, or if one party refuses to participate, the VSBC can issue a certificate confirming this.

• This certificate is often needed before you can take the matter to VCAT or a court (for example, in retail lease or owner driver disputes).

Certificate of unreasonable refusal to participate: 

If one party refuses to take part in mediation without good reason, the VSBC can issue a certificate to record this.

• The certificate may be used as evidence in VCAT or court.
• The refusal may also be reported in the VSBC’s Annual Report to Parliament.

Publication of refusal in Annual Report: 

In serious cases where parties refuse to cooperate (especially government bodies or large businesses), the VSBC may publish details of the refusal in its Annual Report to Parliament. This is not a legal penalty but creates reputational pressure.

Advisory information and education: 

The VSBC also provides plain-language information about business rights and responsibilities, relevant laws and codes, and dispute resolution options.

Additional information:

If your dispute is not resolved, the VSBC can issue a certificate confirming this. For some types of disputes, this certificate is required before you can take the matter further to VCAT or a court.

How to prepare your complaint:

Format: 

Complaints must be lodged online through the VSBC complaint portal. Paper or phone submissions are not accepted.

Personal details: 

When you create an account on the portal, you will need to provide:

• First and last name
• Email address
• Phone number (optional)
• Whether you are applying as an individual or business
• Your business type and address
• If a business: ABN and number of employees

Respondent’s details: 

You must provide details about who the complaint is against, including:

• Name of the individual, business or trading name
• Business type
• Contact person (if known) including name, phone, email, and address
• Whether someone is representing them (e.g. lawyer, agent)

You can add multiple respondents if needed.

Relevant facts: 

You will be asked to include:

• Whether you’ve contacted the VSBC about the issue before.
• Whether you have lodged it with another organisation.
• A short description of the dispute.
• The outcome you are seeking (e.g. the amount owed).

Supporting documents: 

You can upload documents to support your complaint, such as:

• Emails, letters or notices between you and the other party.
• Contracts, invoices or demands.
• Photos, diagrams or other relevant material.

What not to include:

• False or misleading information
• Irrelevant or abusive material
• Sensitive details about others unless directly relevant

‍

Additional information:

• A copy of your complaint (including attachments) is usually provided to the respondent. If you want to restrict this, you must tell the VSBC.
• Retail tenancy disputes require full landlord details.
• The VSBC does not provide legal or financial advice. Consider independent advice before lodging.

Lodging your complaint and next steps:

Where to lodge:

• Online form: Found on VSBC's Website HERE.

Applications must be submitted through the portal, not by email or phone.

Acknowledgement:

• You will receive an email confirming receipt.
• A dispute resolution officer will be assigned.
• Current processing time is around 20 weeks before active steps begin.

Assessment: 

The officer will review whether the dispute is within the VSBC’s powers or if another body is more appropriate.

Informal resolution: 

The officer may attempt to resolve the matter early by contacting both parties, either separately or together.

Mediation: 

If the matter cannot be resolved informally, the VSBC will arrange mediation (virtual, Melbourne office, or regional location).

• Both parties must bring someone authorised to settle the matter.
• Legal or professional representatives are allowed, but their details must be given in advance.
• The VSBC provides a mediation checklist to help you prepare.

Mediation fees:

• Commercial disputes: $300 (half day) or $600 (full day) per party.
• Farm debt disputes: $195 per party (full day).
• Cancellation fees apply if mediation is cancelled late or parties attend without authority.

If mediation succeeds:

• A legally binding Terms of Settlement is signed.
• If breached, it can be enforced at VCAT or in court.

If mediation fails:

• The VSBC can issue a certificate of unsuccessful mediation (needed for VCAT or court in some matters).
• Certificates can also record refusal to participate.
• In serious cases, refusals may be noted in the VSBC’s Annual Report.

Arbitration (owner drivers/forestry only): If mediation fails, binding arbitration can be arranged.

• An arbitrator makes a final decision, enforceable like a court order.
• Costs are lower than litigation.

Additional information:

• Keep a copy of your complaint and supporting documents.
• Provide all relevant information upfront to avoid delays.
• Urgent mediations may be accommodated, but urgent injunctions must be sought from VCAT or the courts.
• Interpreters are available at no cost.

More information:

Refer to the factsheet provided below for more information.