Retail Leases Act 2003

In this Part, retail tenancy dispute means a dispute between a landlord and tenant—

arising under or in relation to a retail premises lease to which—

this Act applies or applied because of Part 3; or

the Retail Tenancies Reform Act 1998 or the Retail Tenancies Act 1986 applies or applied; or

arising under a provision of the Retail Tenancies Reform Act 1998 or the Retail Tenancies Act 1986 in relation to a lease to which that Act applies or applied; or

arising under a lease that provides for the occupation of retail premises in Victoria to which none of those Acts apply or applied—

In addition, a retail tenancy dispute includes—

a dispute between a landlord and a guarantor of a tenant's obligations under a lease arising in circumstances referred to in subsection (1)(a), (b) or (c); and

a dispute between a landlord and a person who has given an indemnity to the landlord for loss or damage arising as a result of a breach by a tenant of a lease in circumstances referred to in subsection (1)(a), (b) or (c).

However, retail tenancy dispute does not include a dispute solely relating to the payment of rent or a dispute that is capable of being determined by a specialist retail valuer under section 34, 35 or 37 of this Act or under section 12A or 13A of the Retail Tenancies Reform Act 1998 or section 10 or 11A of the Retail Tenancies Act 1986.