Contents
Training Material……………………………………………………………………. 3 Terms and Condition of Use for Training Manuals ………………………………… 4 Workshop Structure…………………………………………………………………..5 Introduction ………………………………………………………………………….6 Participants Introduce Themselves ………………………………………………… 7 Legal Issues and Small Business …………………………………………………... 8 Guide to the website ……………………………………………………………….. 10 Getting around the website ………………………………………………………… 11 Review of morning ………………………………………………………………… 12 Fair Trading ……………………………………………………………………….. 13 Review of morning ………………………………………………………………… 17 Introduction to Afternoon Session ………………………………………………….18 Information Gathering …………………………………………………………….. 19 Resolving Small Business Disputes ………………………………………………. 22 Information Swap Session ………………………………………………………… 23 Review and Summary ………………………………………………………………24
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Training Material
Purpose
The Training Program will provide small business trainers with a briefing on the Legal Issues Guide for Small Business website.
Small business facilitators can use this Guide to assist their clients by providing them with instructions on how to find and access the information that is available via this website.
Issued By
This training program has been issued by the Department of Innovation, Industry, Science and Research.
Prepared By
This Training Program and the Legal Issues Guide for Small Business have been developed by Barker Australia Pty Ltd, practice development consultants to the legal and accounting professions. Information on Barker Australia Pty Ltd can be found on: www.barkeraustralia.com.
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Terms and Conditions of Use for Training Manuals
Terms and Conditions of Use
When using the Legal Issues Guide for Small Business – Trainers' Manual (Manuals)
you agree to these terms and conditions (Terms and Conditions of Use).
General Disclaimer
These Manuals and their content are not to be taken as legal advice. They represent a brief summary of various legal issues and the law applicable in Australia as at September 2008 and should not be relied upon as definitive or complete statements of the relevant laws.
You should carefully consider the content and issues raised in these Manuals in light of your personal circumstances and seek professional advice from your lawyer, accountant or other professional adviser before proceedings.
The Department of Innovation, Industry, Science and Research (IISR) is not liable to you or anyone else for any loss suffered in connection with the use of these Manuals. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Copyright
This work is copyright. Apart from any use as permitted under the Copyright Act
1968, no part may be reproduced by any process without prior written permission
from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General's Department, Robert Garran Offices, National Circuit, Canberra ACT 2600 or posted at http://www.ag.gov.au/cca.
No Liability
IISR assumes no liability for the use of any information included in these Manuals. In no event will IISR or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of income or profit, loss of or damages to property, claims of third parties or other losses of any kind or character, even if IISR has been advised of the possibility of such damages or losses, arising out of or in connection with the use of these Manuals.
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Workshop Structure
Segments Duration Morning
1. Introduction to the Workshop 15 minutes
2. Participants to Introduce themselves 15 minutes
3. Legal Issue and Small Business 10 minutes
4. Guide to the website 10 minutes
5. Getting around the website 50 minutes
6. Review of Morning 2 minutes
Morning Tea 15 minutes
7. Fair Trading 60 minutes
8. Reviewing of Morning 5 minutes
Afternoon Lunch 60 minutes
9. Introduction to Afternoon Session 5 minutes
10. Information Gathering 50 minutes
11. Resolving Business Disputes 60 minutes
Afternoon Tea 15 minutes
12. Information Swap Session 50 minutes
13. Review and Summary 20 minutes
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1. Introduction
2. Participants Introduce Themselves
Outline of the Project
Today we will examine the Legal Issues Guide for Small Business website.
This Guide was designed for the some 1 million small businesses across
Australia. This briefing and one-day workshop is intended to assist small
business facilitators to explain this new information tool to their clients.
This workshop provides:
? A detailed briefing on the new Legal Issues Guide for Small
Business website.
? The opportunity to discuss the legal issues most commonly faced
by your clients with other small business facilitators.
? A guide to prepare small business managers to meet legal advisors
and for small business facilitators to gain feedback.
? A forum to allow you to swap and examine other information tools.
Outcome
The outcome of this workshop is that you will have the knowledge, skills and
understanding necessary to access the website guide to search for information
and to provide this information to your clients.
What is the Guide?
The Guide was created to assist the some 1 million small businesses across
Australia.
It is intended to assist Australians in business to gain an understanding of
specific legal issues by providing them with:
? A snapshot or brief overview of legal issues.
? Links to relevant agencies for more information.
? Access to and how to prepare to meet with legal advisors.
The Guide is an information tool that you and your clients can use to obtain
information and direction.
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Introduce your neighbour
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Information
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Education
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Adviser
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Legal Issues and Small Business
Small Business Dispute Resolution
A study undertaken for the Commonwealth Attorney-General's Department found that out of 1,200 Australian small businesses surveyed, just over half had a serious dispute in a two year period.
The main business sectors involved in disputes were:
? Transport storage
? Manufacturing
? Business services
? Wholesale retail
? Building and construction
About two thirds of the small businesses reported having had no more than two disputes in a two year period. However the average number of disputes for all of the small businesses was 4.3. Surprisingly, less than one in four small business disputes involved the courts, tribunals or any form of alternative dispute resolution.
The industries that experience the most disputes were those involved in transport and storage and wholesale/retail.
Of those that do have disputes, some two thirds are with customers and clients. A further 26% were with people or organisations that the business usually had an ongoing relationship with. They included suppliers, retailers and wholesalers, contractors, employees and business partners.
The top five reasons for serious disputes were:
? Failure to pay an account 42%
? Clients not satisfied 12%
? Faulty products 7%
? Changes to service products 6%
? Bad workmanship 5%
The reasons for these disputes included:
? Written quote plus invoice
? Verbal agreement
? Standard contract
? Cash transaction
For than half of small businesses who have ever had a dispute, the impact of their last serious dispute was considered to be no more than a dent in that month's profits. Some third said that the financial impact was negligible.
Effectiveness of Advice and the Methods Used
Perception of the effectiveness of different sources of advice was relatively uniform, with none in particular receiving strong endorsement by a typical small business. Friends and business consultants were especially lowly rated. Professional advisers
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including solicitors, industry associations and accountants received a strong endorsement. Significant growth firms tend to rate their accountants highly while franchisees rate their solicitors highly.
Court advisory services also rank highly by frequent disputants. Significant growth aspirants are less likely to seek information from legal advisers and more likely to seek out an accountant in an industry association.
Effectiveness of Resolution Outcomes
The most effective resolution method is seen to be direct discussion prior to receiving external advice. The study showed that this is slightly ahead of direct discussion following external advice. The involvement of courts and tribunals and court-sanctioned mediation are seen to be reasonably effective. At the other extreme, letters from accountants are seen to be ineffective.
Use of External Services
Lawyers are the most commonly used external service for small businesses that have had a dispute.
A significant proportion, being 44% of businesses who used external services, believed that they did not need such advice.
Action Taken
The courses of action taken by small businesses to resolve their last serious dispute were:
? Sent a letter to the other party directly
? Held face to face discussions with other party
? Arranged for a solicitor's letter to be sent.
? Went to a court or tribunal
The course of action considered by a third of small business as being most likely to resolve a dispute or that would contribute most toward its resolution was to be courts or tribunals.
Information obtained from the Survey of Small Business Attitudes and Experience in Disputes and Their Resolutions Report by Marsden Jacob Associates, Transformation Management Services, Brian Sweeney & Associates.
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4. Guide to the Website
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