Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 64

64 Application to QCAT—by party

(1) A party to a retail tenancy dispute may apply, as provided under the QCAT Act, to QCAT for an order to resolve the dispute if—

(a) any of the following provisions apply—

(i) the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed;

(ii) a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT’s jurisdiction;

(iii) a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and

(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) In this section—

"mediation agreement" includes a mediation agreement under section 26 of the former Act.