Which court or tribunal resolves retail shop lease disputes in Queensland?

Retail shop lease disputes in Queensland are primarily resolved through the Queensland Civil and Administrative Tribunal (QCAT).

QCAT’s Jurisdiction

Under section 94 of the Retail Shop Leases Act 1994 (Qld), QCAT has the authority to hear retail tenancy disputes. However, this is subject to a monetary limit of $750,000.

What QCAT can resolve in a retail tenancy dispute includes:

• Whether the Act applies to a particular lease (including size exclusions)
• Disclosure failures and their consequences (compensation claims)
• Disputes about the amount of outgoings recoverable by the lessor
• Make good disputes at the end of the lease
• Inconsistent or unreasonable withholding of consent for an assignment
• Breach of the Act or the specific lease terms

Exclusive Jurisdiction

Once a retail tenancy dispute is filed with QCAT, section 94 gives the tribunal exclusive jurisdiction. This means a party cannot then commence court proceedings about the same substantive issue.

When to Go to the Supreme Court

Disputes involving amounts above $750,000 or disputes involving complex relief (such as rectification of the lease document or certain equitable claims) must be resolved in the Supreme Court of Queensland.

Mediation Requirement

Before QCAT hears a retail tenancy dispute, the parties must typically attempt mediation through the Office of Fair Trading Queensland. Mediation is a confidential and cost-effective way to settle disputes without a formal hearing.

For more information, see our Full Retail Leasing Guide .

Read our Complete Startup Legal Guide for Queensland