Are you in Horticulture?
How do you know if you are in a horticulture relationship. Is there a Horticulture Produce Agreement that governs the relationship as required by clause XX of the Code.
Even where the exact nature of the relationship is indeterminate, parties can still agree to treat their relationship as determined to bring it under the Code and use the dispute resolution procedures available to resolve the conflict between them.
The Horticulture Code of Conduct
The Horticulture Code of Conduct is a mandatory code which regulates the conduct of participants in the horticulture industry and fresh foods market in Australia.
Established in legislation under the Competition and Consumer Act by the Australian Government, the Code provides rules that govern the relationship between traders and suppliers.
Horticulture businesses are in a unique position when problems or conflicts arise in their relationship as they have support available to them under the Horticulture Code of Conduct.
You can consult the current Code here: Franchising Code
Notice of Dispute
Under the Horticulture Code of Conduct the party raising a dispute must notify the other party in writing of the issues that concern them by sending a Notice of Dispute. The dispute resolution provisions are not activated until this is done.
The Notice of Dispute must state:
a) the nature of the dispute
b) the outcome the complainant wants
c) what action the complainant thinks will settle the dispute
We will professionally prepare your Notice for you. Just fill in the details on the on-line form provided on the website and we will email it, with your supporting documents, to all of the parties to the dispute.
Good Faith Conduct
Parties involved in a dispute governed by the Horticulture Code of Conduct are under an over-riding obligation to act in good faith in relation to their dealings with each other.
The ACCC explains that “good faith requires parties to an agreement to exercise their powers reasonably and not arbitrarily or for some irrelevant purpose. Certain conduct may lack good faith if one party acts dishonestly, or fails to have regard to the legitimate interests of the other party”.
Australian courts have found business dealings to be not in good faith when they involve one party acting for some ulterior motive, or in a way that undermines or denies the other party the benefits of a contractual relationship.