In Queensland, the nature of your lease depends on the type of business you conduct and where it is located. Each category is governed by a different legal framework.
1. Retail Shop Leases
A retail shop lease is governed by the Retail Shop Leases Act 1994 (Qld) (the Act). This Act provides strong statutory protections: including mandatory disclosure, cooling-off rights, prohibited outgoings, and access to QCAT for dispute resolution. A business selling goods or services to the public is generally retail. If your shop is in a retail shopping centre, it is almost always covered by the Act.
2. Commercial Leases
A commercial lease is any non-residential lease not covered by the Act: including office leases, professional services premises in non-retail buildings, and mixed commercial tenancies. Commercial leases are governed by the Property Law Act 1974 (Qld) and the specific terms of your lease document. They do not have the Act’s statutory protections (like mandatory disclosure).
3. Industrial and Warehouse Leases
Industrial leases cover factories, warehouses, storage facilities, and manufacturing premises. They are the furthest removed from statutory protections. All disputes for industrial leases are heard by the courts (rather than QCAT), and the lease document itself is the primary source of all rights. Legal review is critical here because there is no legislative ‘safety net’ for tenants.
For more information, see our Full Retail Leasing Guide .
Read our Complete Startup Legal Guide for Queensland
Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
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