Originally published in Convenience World's November 2025 edition.

By Bruce Billson.

Justice. The word itself carries weight. It has responsibility. It implies things will be fair and if wronged, justice will serve and things will be right.

But for many small businesses, access to justice remains out of reach. For small businesses facing harm or difficulty remedying a situation that impedes their economic interests and legal rights, there are still too many barriers in accessing justice.

We need to back small business – we need to build a small business ecosystem that includes small businesses’ ability to access reliable and affordable justice and responsive remedies when harmed by anti-competitive or unlawful conduct. It’s logical and achievable, and it’s something ASBFEO has been advocating for across the legal, regulatory and government sectors. It’s one of our steps in our 14 steps to energise enterprise – give small businesses access to an affordable, effective and timely alternative to defend their own economic interest where fair trading protections and reasonable commercial conduct safeguards are infringed upon.

Australia’s enterprising women and men are already doing it tough – they’re juggling cashflow pressures, tight margins, rising costs, cyber threats, and a constant stream of regulatory changes. Yet through it all, they continue to show up, innovate, and contribute to the economy in ways that are anything but small. They should be able to operate their business, in an environment that supports them to thrive, and they should be able to protect and defend their economic interests and legal rights if things go awry. 

A vast majority of small businesses do not have the expertise or the resources to pursue an action when wronged. On top of the mental anguish and distress and time taken away from running the business, the cost and complexity of litigation can threaten the very existence of a small business.

With regulators operating with limited taxpayer-funded budgets, it is logical their investigative and enforcement actions are typically reserved for issues that affect large numbers of consumers, signal systemic failures, or where public interest and messaging is its strongest. An individual small business matter is unlikely to ever get through those ‘gates’. Yet small businesses with limited options may think regulators can and should act to protect their rights and to enforce the law where they are harmed or infringed upon. Too often, aggrieved small businesses feel the regulators are ‘hunting dogs that won’t leave the porch’ as it relates to their economic interests.

If small businesses had access to justice, they should be able to rely upon laws and codes introduced to protect them from predatory commercial conduct, often perpetrated by larger and well-resourced entities. Where they believe they have been harmed by conduct that breaches the Competition and Consumer Act 2010, industry codes, or infringes their intellectual property rights, they should be able to cost effectively take their own legal action.

The ASBFEO’s Small Business Access to Justice Initiative proposes a suite of reforms that leverage existing court processes to create a more accessible, affordable, and efficient legal pathway for small businesses. These include:

• Expanding the Small Claims Process in the Federal Circuit and Family Court of Australia for disputes under $250,000 or involving less complex issues.
• Simplifying procedures in the Federal Court of Australia for lower-value cases, including expedited hearings and protections against punitive cost orders.
• Establishing an Industry Codes List to build expertise and expedite resolution of disputes under mandatory industry codes.

These reforms are practical, proven and informed by successful models in Australia and overseas. 

Importantly, these reforms also strengthen alternative dispute resolution (ADR). When litigation is a credible option, parties are more likely to engage meaningfully in ADR which means better outcomes, preserved relationships, and reduced pressure on the courts.

Small businesses often face a larger, better resourced party who, by the sheer threat of costs orders or by prolonging a dispute, emerge the victor. It’s an all too familiar play, disrupting any semblance of an even playing field. Quite simply, small businesses are at a disadvantage to settle matters, often to their detriment and an abandonment of their rights. This has an impact on small business productivity, investment, profitability and viability, not just for the small business in a dispute but the way that the commercial environment operates for all small businesses. 

The Small Business Access to Justice Initiative is a practical response to this long-standing imbalance. And with recent regulatory and compliance obligations weighing hard on small businesses, it’s a competitive necessity.

That is why ASBFEO is advocating for practical and right-size reforms through this initiative. It’s about ensuring that every small business owner, regardless of size or resources, can stand up for their rights and compete fairly.

Backing small business means removing barriers that hamper small businesses to thrive. If right-sized regulation can fuel productivity, right-sized justice for small business will keep the engine room of the economy running. It’s imperative for a vibrant and innovative future Australia.