Outdated court system doesn’t work for small businesses, says ASBFEO

The Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, is calling for an overhaul of the dispute resolution framework, saying the current court system doesn’t work for small businesses.

In the newly released Access to Justice Report, Ms Carnell said small businesses urgently need pathways to resolve their disputes quickly and cost-effectively or they would be hampered by inefficient processes through the courts.

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ADR key to resolving int'l trade disputes? Experts believe so

Alternative dispute resolution (ADR) methods may just be the answer to resolving disputes between the parties contracting under letters of credit (LC) in international trade deals, especially during the economic fallout of the Covid-19 pandemic.

Importers and exporters normally require intermediaries such as banks or alternative financiers to guarantee payment and the delivery of goods.

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Commercial Contracts and ADR Clauses - Who said they were optional?

Most Commercial Contracts will have an ADR (Alternative Dispute Resolution) clause that requires the parties to engage in non-Court methods to resolve a dispute rather than launching straight into Court action.

The Courts have been taking a more robust approach in making it clear to parties that such clauses should be followed and are not optional.

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