Retail Shop Leases Act 1994

QCAT has jurisdiction to hear retail tenancy disputes, other than a retail tenancy dispute—

about an issue between the parties that—

is the subject of arbitration; or

has been the subject of an interim or final award in an arbitration proceeding; or

is before, or has been decided by, a court; or

about—

the amount of rent payable under a retail shop lease; or

the amount of a lessor’s outgoings under a retail shop lease; or

if the amount, value or damages in dispute is more than the monetary limit within the meaning of the District Court of Queensland Act 1967, section 68; or

under a retail shop lease for the carrying on of the business of a service station, if the Competition and Consumer (Industry Codes—Oilcode) Regulation 2006 (Cwlth) applies to the carrying on of the business under a fuel re-selling agreement within the meaning of that regulation.

However, QCAT has jurisdiction to hear a retail tenancy dispute about—

the procedure for the determination of rent payable under a retail shop lease, but not the actual amount of the rent; or

the basis on which the lessor’s outgoings are payable by, and the procedure for charging the lessor’s outgoings to, a lessee under a retail shop lease, but not the actual amount of the outgoings; or

whether an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which a leased shop is situated was reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building.

For subsection (1)(a)(i), a retail tenancy dispute is only the subject of arbitration if the arbitration proceeding has started.