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Handling disputes and conflict
Disputes and conflicts can be stressful. Understanding the law involved will help your organisation have the best outcome and could ensure action taken can’t be challenged later. It will also help your organisation take proactive measures to address the conflict effectively.
Our resources cover both internal and external disputes and conflicts that your not-for-profit organisation may face.
Internal disputes are the disputes that occur in an organisation, for instance, between management, between the board and members, between members, and even between employees.
External disputes are disputes that occur between your organisation and an outside party. It is where your organisation as a whole is in a conflict situation with another person or organisation, such as a service provider, a landlord, a client, a partner or someone who believes they have suffered loss because of your organisation (such as through negligence, misleading information or defamation).
More information
For information about managing a community organisation's relationship with volunteers, see our national volunteering guide. For information, advice and strategies for volunteer involving organisations on managing conflict and finding resolutions, see the NSW Government volunteering conflict resolution toolkit.
Note
It’s very important to take proper steps when disputes arise. In disputes and conflicts, especially where there are significant risks or your organisation is being taken to court, you may need the assistance of a lawyer who can help. A lawyer can help develop a strategic approach to resolving the dispute and ensuring that your position is well-supported.
Being taken to court
If you have received letters or documents that look like someone is trying to take your not-for-profit organisation to court, don't delay acting in response. It is important to understand why you are being taken to court, what the case will be about and steps you need to take.
Often, tight timeframes apply for defending legal actions so you need to understand the basics and get legal advice as soon as possible.
Our fact sheet 'Being taken to court' covers:
- how you will find out that legal action is being taken against your organisation
- what you should do about the legal action
- the costs of going to court, and
- court forms and notices that your organisation might receive
More information
You can use mediation to try and resolve a dispute. This may be a more informal and cost-effective approach, allowing for creative solutions and a quicker resolution. For more information go to our resources on mediation.
Responding to a subpoena
A subpoena is an order issued by a court or tribunal in response to a request by a party to a civil or criminal proceeding requiring another person to attend that court or tribunal to give evidence, or to produce a document or thing in that other person's possession, or both.
There are many different courts and tribunals in Australia and each has its own different rules for dealing with subpoenas.
Our fact sheet below sets out information on subpoenas and how to respond to them.
More information
The content on this webpage was last updated in November 2024 and is not legal advice. See full disclaimer and copyright notice.