1. Before a referral is made
QCAT considers referrals from the QSBC in relation to retail shop lease disputes that are not resolved at mediation.
The SBC must refer a retail shop lease dispute to QCAT if after participating in the QSBC dispute resolution process, the dispute is:
- within QCAT’s power to hear and decide the case; and
- the parties cannot reach a solution at mediation; or
- a party did not attend mediation; or
- the case was not settled within 4 months; and
- the retail shop lease has not ended more than 1 year before the dispute was lodged
When referring a case to QCAT, the QSBC must attach the ‘Notice of Mediation Outcome' (NOMO) and mediation documents. The QSBC may attach additional documents to the referral
2. Complete and lodge this form to make a referral – QSBC TO USE ONLY
To refer a retail shop lease case complete and lodge the appropriate form below. Carefully read the form instructions, answer each question, and tick an appropriate box when prompted.
There are fees associated with this application – (Credit card authorisation form for mail payments)
Form 65 - Referral by a mediator of a retail tenancy dispute
3. How to lodge the referral
When filing a referral of a case, you are required to file the referral 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 |
4. Giving the referral to the other parties
Once the retail shop lease dispute referral has been received, QCAT will organise for a copy of the referral and attached documents to be provided to the parties to the dispute. The file will then be provided to a QCAT-decision maker for further consideration.
5. What happens next?
Parties can find out what happens after the referral is made.