Document ID: chunk:federal_register_of_legislation:F2024L01605:reg:71
Version: federal_register_of_legislation:F2024L01605
Segment Type: reg
Provision Reference: reg 71
Character Range: 103177–104351

71  When a party is taken to be trying to resolve a dispute
  A party will be taken to be trying to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including doing any of the following:
 (a) attending and participating in meetings at reasonable times;
 (b) during the dispute, not taking an action or refusing to take an action if the action or refusal would damage the reputation of the franchise system;
 (c) if an ADR process is being used to try to resolve the dispute—both:
 (i) making the party's intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and
 (ii) observing any obligations relating to confidentiality that apply during or after the process.
Note: For paragraph (b):
(a) an action of providing inferior goods, services, or support is an example of an action that would damage the reputation of the franchise system; and
(b) a refusal to provide goods, services, or support is an example of a refusal that would damage the reputation of the franchise system.

Division 2—Code complaint handling procedure

Subdivision A—Notification of dispute