Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 63

63 Reference of dispute—by mediator

(1) This section applies if—

(a) a retail tenancy dispute is within QCAT’s jurisdiction and—

(i) the parties can not reach a mediated solution to the dispute; or

(ii) a party to the dispute does not attend the mediation conference for the dispute; or

(iii) the dispute is not settled within 4 months after the dispute notice is lodged; and

Note—

See section 103 for QCAT’s jurisdiction.

(b) the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged.

(2) The mediator must—

(a) refer the dispute, as provided under the QCAT Act, to QCAT; and

(b) give the commissioner written notice of the referral.

(3) The party who lodged the notice of the dispute under section 55 is the applicant in the proceeding before QCAT for the dispute.