Retail shop lease disputes

If a dispute between a tenant and landlord about a retail shop lease is not resolved at mediation there will be a hearing by QCAT.

Disputes can arise from a disagreement between a tenant and landlord about a retail shop lease.

These disputes are resolved through a two-step process which involves:

  • mediation with the Small Business Commissioner; and
  • if the dispute is not resolved at mediation, a hearing by QCAT.

The Small Business Commissioner Act 2021 was introduced into Parliament on 12 October 2021 and passed with an amendment on 29 March 2022. The Act commences on 3 May 2022.

The SBC Act permanently establishes the Small Business Commissioner to provide mediation and dispute resolution services for retail shop lease disputes made under the Retail Shop Leases Act 1994. To commence a Retail Shop Lease Dispute, you must first go through a mediation process with the Small Business Commissioner. Please visit their website for further information on this process.

In deciding Retail Shop Lease disputes, QCAT has a monetary limit of $750,000.

To assist with your matter, you may request a search of the register of proceedings - the list of cases before QCAT - for retail shop lease matters. To request a search of the QCAT register of proceedings, you can do so online via QCAT's search and copy portal.