The Victorian Small Business Commissioner has responsibility for dispute resolution under the Retail Leases Act 2003 (the "Act") - one of the Commissioner's functions under the Act, is: 
“to make arrangements to facilitate the resolution by mediation, or by another appropriate  form of alternative dispute resolution, of retail tenancy disputes (whether or not a dispute has been formally referred under this Act to the Commissioner)"(section 84(1)(a))

Under the Act any or all of the parties to a retail premises lease may refer a retail tenancy dispute to the Small Business Commissioner and the Commissioner must arrange for each retail tenancy dispute referred to the Office to be the subject of mediation by a mediator or another appropriate form of alternative dispute resolution by a suitably qualified person.

To find out more about the dispute resolution under the Retail Leases Act 2003, refer to sections 81 to 92.

As stated in section 85 of the Act, the VSBC offers preliminary assistance in dispute resolution. 

Preliminary assistance in dispute resolution allows for VSBC staff to assist in resolving matters before submitting to formal mediation. For example, a tenant who believes he/she has been wronged by a landlord (or vice versa) may not have notified the other party that he/she has concerns, and instead contacts the VSBC about the problem. In this case, the VSBC would urge the tenant to contact the landlord first as the matter may be easier sorted out by the parties working through the situation prior to a formal mediation.

How much does mediation cost?
Dispute resolution through mediation costs each party $195 per day for retail leasing disputes, with the VSBC subsidising the majority of costs. However, if the stakes are high, a greater contribution may be sought from the parties. If either side wants to bring along their own lawyer they can do so, but at their own cost.

Where does dispute resolution take place?
Most mediations undertaken to resolve disputes are held at the Office of the Victorian Small Business Commissioner at Level 2, 121 Exhibition Street, Melbourne. However, for disputes in regional areas, mediations can be arranged in a location that suits both parties. To date, regional mediations have been held in such places as Geelong, Bendigo, Ballarat, Horsham, Shepparton, Mildura, Warrnambool and Traralgon.

A number of the mediators on the Panel of Dispute Resolution are regionally based, whilst others are prepared to travel from Melbourne to mediate disputes. 

How long does it take to get my case to mediation?
Mediations are generally held around 8-10 weeks after the dispute is lodged with the VSBC, however, if a matter is genuinely urgent, the matter can be dealt with much faster.

What if I don't want to come to mediation? 
If a respondent (or an applicant) declines to participate in mediation, the Small Business Commissioner may issue a certificate under section 87(1) of the Act to the effect that mediation is unlikely to resolve this dispute.  The applicant (or respondent) may then present the certificate to the Victorian Civil and Administrative Tribunal (VCAT). It is important to note, however, that section 92(2) of the Act gives VCAT the power to order any party that refuses to take part in a mediation to pay the costs of the other party. 

What is the chance that mediation will be successful?
Currently more than 80% of mediations undertaken have successfully resolved the dispute.

What if mediation is unsuccessful?
If mediation is unsuccessful, the Small Business Commissioner will issue a certificate under s. 87 of the Retail Leases Act 2003, which either party may refer the matter to VCAT to make a determination.

How do I notify a dispute?
If you would like to notify the VSBC of a dispute relating to a retail lease, download and complete the document by clicking here, mail it to the Office of the Victorian Small Business Commissioner, Level 2, 121 Exhibition Street, Melbourne, 3000, fax it to 03 9651 9943 or email it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Alternatively, forms can be submitted online by clicking here.

What if the something needs to be done urgently?
The VSBC can arrange mediation quickly if the matter is best dealt with that way, however, if you are seeking an urgent injunction (an order requiring one party to do, or refrain from doing, certain things), you should contact the VCAT Retail Tenancies List directly on (03) 9628 9960 or refer to the VCAT website.  

For more information about Small Business Commissioner dispute resolution, refer to the factsheet below.

 vsbc_dispute_resolution_factsheet.pdf