March 2009 - February 2010 Annual Report

Analysis and Interpretation of Statistics

Enquiries

During this period the DRA has received 12 enquiries. 8 of these have come from retailers, 2 from commission agents and 2 from suppliers.

Mediation Requests and Appointments

There has been 1 request made for mediation. A mediator was appointed and mediation took place in NSW. No agreement was reached at mediation and the matter was referred back to the DRA. The DRA consulted with both parties and decided that the best course of action would be to refer the parties to an expert solicitor in the field for an opinion on the parties’ unique situation.

The DRA has not made a determination during this period.

Requests for Other Assistance

Over the past 6 months the DRA’s office has been more pro-active in investigating and assisting with matters at an early stage (where appropriate). 3 enquirers have requested further assistance from the DRA’s office. 2 of these matters have been resolved with the assistance of the DRA’s office, while the third matter is currently being negotiated between the parties.

Nature of Disputes Mediated and Unmediated

A summary of each matter, mediated or unmediated follows:

  • One issue related to pre-agreement issues. As there was no agreement in existence the DRA was not able to assist in this matter. The enquirer was referred to both the ACCC and to a legal adviser.

  • Another enquiry related to premature closure of a site. The enquirer was a retailer/franchisee who had operated the site for 35 years. The enquirer alleged that the closure was much earlier than the time period agreed between the parties.

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