March 2007 - February 2008 Annual Report

Analysis and Interpretation of Statistics

Of the 7 matters for which a request for mediation was received, the issues in dispute were varied. One matter related to the basis for termination and the allegation that the termination notice issued was defective. The complainant in this matter alleged that the respondent had caused various delays in having their concerns met and that the resulting notice of termination was both unfair and inconsistent with the Code.

Another matter related to section 43 of the Code and included a request by the complainant for the DRA to mediate this dispute. This request was withdrawn as there was no longer the need for the matter to be mediated. We assume that the situation was rectified by the respondent.

A third matter related to a number of operational issues between the parties and some confusion as to how each party viewed their operational requirements. This dispute also related to the termination of an agreement between the parties and the need to negotiate the terms of such an arrangement.

Another matter related to claims that rent increases initiated by the respondent were unjustified. However, concessions were made by the respondent prior to mediation, allowing for the parties to negotiate directly without the assistance of a mediator.

A further matter dealt with a number of issues that the complainant argued resulted in fuel and profit losses. This matter related to claims for reimbursement due to these alleged losses. There was also an issue of delay in communication between the parties. This matter proceeded on the basis of negotiations between the parties rather than mediation.

A separate matter was originally initiated under the process for the Franchising Code of Conduct. This dispute related to alleged failures on the part of the franchisor in regards to their obligations to provide guidance, support, assistance and advice. This matter is regarded as falling under the heading of general issues, as it encompassed a number of allegations that also related to maintenance of equipment, advertising programs, failure to reimburse monies owed to the franchisees and allegations of misleading advice.

The most recent matter raised with the DRA was also initially raised under the Franchising Code. This matter related to the termination of an agreement and included a number of allegations regarding unconscionable conduct under the Trade Practices Act. The complainant also raised this issue with the ACCC.

Identification of Systemic Problems Faced by the Petroleum Industry

We have not identified any such problems at this stage.

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	March 2007 - February 2008 Annual Report Analysis and Interpretation of Statistics Of the 7 matters for which a request for mediation was received, the issues in dispute were varied. One matter related to the basis for termination and the allegation that the termination notice issued was defective. The complainant in this matter alleged that the respondent had caused various delays in having their concerns met and that the resulting notice of termination was both unfair and inconsistent with the Code. Another matter related to section 43 of the Code and included a request by the complainant for the DRA to mediate this dispute. This request was withdrawn as there was no longer the need for the matter to be mediated. We assume that the situation was rectified by the respondent. A third matter related to a number of operational issues between the parties and some confusion as to how each party viewed their operational requirements. This dispute also related to the termination of an agreement between the parties and the need to negotiate the terms of such an arrangement. Another matter related to claims that rent increases initiated by the respondent were unjustified. However, concessions were made by the respondent prior to mediation, allowing for the parties to negotiate directly without the assistance of a mediator. A further matter dealt with a number of issues that the complainant argued resulted in fuel and profit losses. This matter related to claims for reimbursement due to these alleged losses. There was also an issue of delay in communication between the parties. This matter proceeded on the basis of negotiations between the parties rather than mediation. A separate matter was originally initiated under the process for the Franchising Code of Conduct. This dispute related to alleged failures on the part of the franchisor in regards to their obligations to provide guidance, support, assistance and advice. This matter is regarded as falling under the heading of general issues, as it encompassed a number of allegations that also related to maintenance of equipment, advertising programs, failure to reimburse monies owed to the franchisees and allegations of misleading advice. The most recent matter raised with the DRA was also initially raised under the Franchising Code. This matter related to the termination of an agreement and included a number of allegations regarding unconscionable conduct under the Trade Practices Act. The complainant also raised this issue with the ACCC. Identification of Systemic Problems Faced by the Petroleum Industry We have not identified any such problems at this stage. back to page 1








Oilcode Dispute Resolution Adviser 2007