1. Caragh Waller Jacqueline Wallace
Small Business Development Corporation

2. Established in 1984
State Government statutory authority with an independent board
Primary provider of information, advice and guidance for small business in WA

3. Year in review

4. Our broad range of services
Search
1. Information and advice for business
start-ups
2. Business licence finder
3. Research and advocacy
Website
Planning
Starting a Business
How to Write a Business Plan
Understanding Business Financials
4. Business migration program
5. Workshops
Marketing your Business
Digital Marketing Essentials

5. Business Local Help for established businesses in metro areas
Help for new and established businesses in regional areas

6. Source: ABS

7. Businesses by size
Source: ABS

8. Small business and the economy

9. Key small business sectors
Construction
Professional, scientific and technical services
Rental, hiring and real estate services
Financial and insurance services
Agriculture, forestry and fishing
Source: ABS

10. Support for small business
Specialist business advisory services
Alternative Dispute Resolution service
business
planning
business
to business
For
commercial
tenancy
and
business
to government
disputes
financial
management
marketing
… and many more

11. How we assist small businesses with dispute enquiries
Intensive case management
and mediation
General advisory team
All dispute enquiries

12. Alternative Dispute Resolution Service (ADR)
Resolves disputes without litigation
Free, independent and practical advice to all parties
Subsidised access to mediation with independent mediators
Assists parties to clarify issues in dispute and consider options
Helps parties to understand rights and obligations
Helps parties to negotiate their own resolution to the dispute

13. ADR service Alternative dispute resolution
ADR saves businesses time, money and can preserve a commercial relationship
ADR is empowering as SBDC case managers assist the parties to negotiate practical and durable solutions to the dispute

14. ADR – Common areas of dispute
Non performance of services or goods
Non supply of goods and services ?
Business to government disputes
Business partnership disputes
Commercial tenancy matters
Contractual disputes
Termination of tenancies
Operating expenses
Repairs and maintenance
Alleged faulty disclosure statements
Rent and rent reviews

15. Retail tenancy disputes
Disputes must first go to SBDC
If ADR unsuccessful, Commissioner issues certificate and dispute goes to SAT
Commissioner may include comments on certificate about conduct of parties during ADR

16. Intensive case management
Case manager will:
Contact all parties
Clarify issues in dispute
Help parties to understand rights and obligations
Encourage parties to find common ground
Tailored approach taking into considerations the needs and interests of the disputing parties to facilitate resolution of the dispute
Assist parties to develop practical and durable solutions
Source: ABS

17. Mediation
When parties elect to have dispute referred to mediation:
Independent and accredited mediators 
Cost effective- $ per party 
Confidential 
Legally binding 
Legal representatives welcome to attend
Facilitated by SBDC 

18. Farm Debt Mediation Scheme (FDMS)
Launched in 2015
To resolve
Commercial debt disputes between banks and farmers/pastoralists
Joint initiative with
Rural Business Development Corporation of Department of Primary Industries WA (RBDC)
First of its kind in WA

19. FDMS – What we can help with
Yes No $
Commercial farm debt
disputes
Personal/family
debt
Equipment finance debt
Home loans/
Non-farm debt

20. FDMS – essential criteria
Formal agreement
Farm owned and operated for
3+ years
Agricultural, horticultural, pastoral, apicultural and aqua cultural industries
Evidence of previous attempts to resolve dispute
At least one of farming applicants must contribute minimum 75% of labour to farm and derive mininum 50% of income from the agribusiness

21. and referral to mediation Rural Financial Counselling Service
FDMS process
ICM
and referral to mediation
Rural Financial Counselling Service
RBDC
assessment
Farmer/
pastoralist

22. Farm Debt Mediation – outcomes
17 applications
6 mediations
5 agreements
$12.1M value of disputes settled at mediation
MOU renewed between RBDC and SBDC
Remainder finalised outside mediation

23. FDMS – insights
Disputes are complex, often long standing and highly emotive
All disputes from central Wheat belt – wheat and sheep
High stakes – potential loss of intergenerational home and farm
Rural Financial Counselling Service WA provide valuable service to farmers in financial distress
To date majority of mediations initiated by banks

24. Small Business Development Corporation
A single source for
Information and advice
Assistance with disputes
Advocacy into Government
smallbusiness.wa.gov.au

25. Development Corporation
Jacqueline Wallace
Caragh Waller
Small Business
Development Corporation
Thank you