What to Do in a Dispute: Preparing Before You Seek Help

When a dispute arises, with a landlord, an employer, or a service provider, many people’s first reaction is panic or not knowing where to start. This article gives you a practical framework for preparing, whether the dispute is small or large.

This is general guidance. When you face a specific situation, especially one involving a large sum of money or important legal rights, seek advice from a community legal centre or a lawyer.

First step: pause and record

In most legal disputes, documentation is the most valuable thing you can create early on. Memory fades, but written notes do not.

As soon as you realise a situation could become a dispute, start recording:

The date and time of each important event
Who said what — you do not need to recount every word, but capture the main points
Who was present — the names of any witnesses
Physical evidence — photos, receipts, the agreement, text messages, emails

If you have already texted or emailed about the matter, keep it; do not delete it. If you have spoken by phone, write down the content in a note straight away, with the date and time.

Be clear about the outcome you want

Before you approach anyone to resolve it, even before you ask for legal advice, be clear with yourself:

What do you want? (Compensation? Performance of the agreement? A formal apology? An end to the relationship?)
What is the minimum outcome you would accept?
How far are you willing to escalate? (A tribunal? A court? Or do you just want a quick resolution?)

There is no right or wrong answer. But answering for yourself first helps you speak more effectively when you seek help.

Try to resolve it directly first

Many disputes are settled at this step, or at least the situation becomes clearer. Communicating directly before escalating is also often a requirement of tribunals and conciliation bodies.

Communicate in writing: Prefer email or text over a phone call. This creates an automatic record and helps both sides be more careful in what they say.

State the specific issue: Do not just say “I am unhappy.” Describe specifically what happened, why you think it is wrong, and what you want.

Set a reasonable deadline: Ask the other party to respond within a set period (for example, one week). This keeps things serious without escalating too soon.

Keep a calm tone: A legal dispute is not an emotional battle. An angry email often weakens your position later.

If resolving it directly does not work

Depending on the nature of the dispute, the next step is usually one of these:

Lodge a formal complaint with the relevant authority: The Fair Work Ombudsman (employment), the state Consumer Affairs body (consumer matters, tenancy), or the appropriate tribunal.

Seek legal advice: A community legal centre or legal aid, free for many matters. Bring all the documents you have gathered.

Mediation: Many free or low-cost mediation services help two parties reach agreement without going to a tribunal or court.

What to bring when you see a lawyer or legal aid

Preparing in advance makes the consultation more effective and saves time:

A brief description of the matter in chronological order (write it out beforehand)
Copies of the agreement, correspondence, and relevant emails
A list of the contacts you have made and their outcomes
A list of witnesses, if any
The questions you want to ask

For more, see the related guide on when to seek out a community legal centre, a lawyer, or a migration adviser.