1. Before you apply to QCAT
To commence a Retail Shop Lease dispute, you must first go through the mediation process with the Small Business Commissioner (SBC). Please visit their website for further information and to apply for mediation.
If the retail shop lease dispute is not resolved by mediation, generally the SBC will refer the matter to QCAT and you are not required to make an application to QCAT. You should not use this application to start the retail shop lease dispute process.
A party may apply to QCAT for an order to resolve a retail tenancy dispute following the SBC mediation process, if the retail shop lease has not ended more than 1 year before the dispute was lodged, and:
- there was a breach of the mediation agreement; or
- the SBC is of the opinion that the matter was not within QCAT’s jurisdiction and did not refer the matter to QCAT
The application should include evidence that the mediation or attempted mediation has occurred and/or where it is alleged that there has been a breach of the mediation agreement, a copy of the agreement.
2. If your application is urgent
If you believe your application is urgent and you wish to have an order made before the final hearing you can apply to QCAT for an ‘interim order’.
An interim order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final QCAT decision can be effective.
You must ensure you clearly set out in your application why an interim order should be granted with supporting evidence. The relevant interim order application form is attached below for you to use.
If you decide to make an interim application, you must ensure a copy of the interim application is provided to the other parties.
3. Complete and lodge this form
To make an application for orders in a retail tenancy dispute, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question, and tick an appropriate box when prompted.
There are fees associated with these applications. You are required to pay the appropriate fee at the time of lodgement – (Credit card authorisation form for mail payments)
Form 34 - Application for an order to resolve a retail tenancy dispute - Retail Shop Leases Act 1994
Form 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
4. How to lodge your application
When filing an application for orders in a retail tenancy dispute, you are required to file the application and supporting material along with three copies in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your application is not filed until it is sealed by QCAT (i.e. stamp it with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.
5. Giving your application to the other parties
You are required to give a sealed copy of your application and supporting material to the relevant party named in the application within seven days of receiving the application or as otherwise directed by QCAT.
Visit this page for further information on service requirements.
To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.
Form 9 - Affidavit of service
The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.
6. What happens next?
Find out what happens after you apply.