ACT
No commercial tribunal available. Disputes are determined by the ACT Magistrates Court – see "Dispute Resolution".
NSW
See sections 70-71B. A party to a lease, instead of initiating court proceedings, may, after having exhausted the mediation requirements of the Act, make an RTC with the NCAT. An RTC is a claim in connection with an RTD and includes a claim for payment of money, relief from payment of money, or a claim for the doing of specific work or the provision of specified services. It also includes a claim for the surrender of possession, assignment of rights under a lease, a declaration that the landlord cannot withhold consent to an assignment, a claim for relief against forfeiture and a claim for rectification of the lease or the landlord DS. A party may also lodge a claim for relief for unconscionable conduct with the NCAT.
A claim under these sections may be lodged more than 3 years but no later than 6 years after the liability or obligation that is the subject of the claim arose if NCAT orders that the claim may be lodged. The monetary limit of NCAT's jurisdiction is $750,000 (see section 73).
For any proceeding for a retail tenancy claim, NCAT may make any one or more of the orders listed in section 72(1).
For any proceeding for unconscionable conduct claims, NCAT may make any one or more of the orders listed in section 72AA that it considers appropriate.
NT
See Division 4 of Part 11. Where the parties fail to resolve the dispute through conciliation and the amount in dispute is less than $10,000, the matter proceeds to an inquiry before the Commissioner of Business Tenancies.
An order of the Commissioner can be registered as an order of the Local Court.
QLD
See section 64. Provided the lease has not ended more than 1 year before the dispute notice was lodged, and other specified criteria are satisfied, a party may refer a dispute to the QCAT.
QCAT does not have jurisdiction to hear a dispute regarding arrears of rent (unless the dispute is also about the payment of compensation by the landlord) or the amount of rent or outgoings payable. However QCAT can hear a dispute about the procedure for determining rent or the basis upon which outgoings are payable (section 103). QCAT also has jurisdiction to set aside a valuation if not made in accordance with the Act and to order rectification of a lease with the parties' consent (section 83).
Parties generally bear their own costs of proceedings (QCAT Act section 100). QCAT may make a costs order in the interests of justice or where the dispute is frivolous or vexatious, or a party has caused further costs through delay, failing to comply with the Act or to attend mediation or a hearing (QCAT Act, sections 48(1) and 102).
Cost penalties may apply under the Rules if an earlier offer to settle the dispute has been made but not accepted (QCAT Act, section 105).
SA
No commercial tribunal under the Act. Disputes can be referred to the Commissioner for mediation or determined by the Magistrates Court or District Court (as applicable) – see "Dispute Resolution" and sections 63-69.
TAS
See sections 39 and 42. A property owner and a tenant must attempt to resolve any dispute by direct negotiation. If the parties fail to resolve the dispute, either party may request the Office of Consumer Affairs investigate the dispute and negotiate a mutually acceptable solution. If a dispute still remains unresolved, either party may refer the dispute to the Retail Tenancies Code of Practice Monitoring Committee for conciliation. Once this process is exhausted either party may refer the dispute to a court of competent jurisdiction.
VIC
See sections 89-92. The Tribunal has jurisdiction to hear and determine an application by a landlord or tenant under a retail premises lease or by an SRV seeking resolution of a RTD.
In an application for forfeiture or relief against forfeiture (whether or not for non-payment of rent), the Tribunal has the same jurisdiction, including equitable jurisdiction, and powers as the Supreme Court.
The Tribunal's jurisdiction is exclusive in relation to RTDs other than an application for relief against forfeiture or a claim under Part 9 for unconscionable conduct. Recovery of prohibited key money and goodwill payments may be made in Court or by order of the Tribunal.
Claims against guarantors and against anyone who has given an indemnity in favour of a landlord are to be heard by the Tribunal and not by a Court (section 89(4)(c)).
WA
See Part III in "Dispute Resolution".
Any question between the parties under a retail shop lease may be referred to the WA SAT; the WA SAT is to:
- determine whether the question does arise under the lease (which determination can be made in such manner as the WA SAT thinks fit, subject to each party being given an opportunity to make a written submission); and
- if so, hear the question with a view to achieving a solution acceptable to the parties.
See section 3(3). A question arising under a retail shop lease also extends to questions concerning forfeiture.
If a solution acceptable to the parties is obtained and is reduced to writing and signed by the parties ("mediation agreement") the agreement is filed with the WA SAT.
Where a mediation agreement is not possible or a mediation agreement is obtained but breached, the matter can then be referred to the WA SAT for determination.
The WA SAT has jurisdiction to hear:
- an application by the tenant for a compensation order under particular sections in the Act which give the tenant rights to compensation (eg. failure by the landlord to give a DS or incorrect information in a DS);
- a key money debt action;
- referrals of questions arising under a retail shop lease; and
- unconscionable conduct claims or misleading and deceptive conduct claims if at the time the application was made no civil proceedings had been commenced before a court.
Definitions and currency