Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 103

103 QCAT’s jurisdiction

(1) QCAT has jurisdiction to hear retail tenancy disputes, other than a retail tenancy dispute—

(a) about an issue between the parties that—

(i) is the subject of arbitration; or

(ii) has been the subject of an interim or final award in an arbitration proceeding; or

(iii) is before, or has been decided by, a court; or

(b) about—

(i) the amount of rent payable under a retail shop lease; or

(ii) the amount of a lessor’s outgoings under a retail shop lease; or

(c) if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967 , section 68 ; or

(d) under a retail shop lease for the carrying on of the business of a service station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006 (Cwlth) applies to the carrying on of the business under a fuel re-selling agreement within the meaning of that regulation.

(2) However, QCAT has jurisdiction to hear a retail tenancy dispute about—

(a) the procedure for the determination of rent payable under a retail shop lease, but not the actual amount of the rent; or

(b) the basis on which the lessor’s outgoings are payable by, and the procedure for charging the lessor’s outgoings to, a lessee under a retail shop lease, but not the actual amount of the outgoings; or

(c) whether an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building.

(3) For subsection (1) (a) (i) , a retail tenancy dispute is only the subject of arbitration if the arbitration proceeding has started.