Jurisdiction of Tribunal
89 Jurisdiction of Tribunal
S. 89(1) substituted by No. 62/2014 s. 57(1).
The Tribunal has jurisdiction to hear and determine an application by any of the following persons seeking resolution of a retail tenancy dispute—
a landlord or tenant under a retail premises lease;
a guarantor of a tenant's obligations under a retail premises lease;
a person who has given an indemnity to a landlord for loss or damage arising as a result of a breach by a tenant of a retail premises lease;
a specialist retail valuer.
In an application under subsection (1) 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 has in relation to proceedings for forfeiture or relief against forfeiture.
The Tribunal's powers under subsection (2) are subject to section 92 (which provides that each party to the application is to bear its own costs).
S. 89(4) amended by No. 69/2009 s. 54(Sch. Pt 2 item 44).
Subject to section 23(4) (key-money and goodwill payments prohibited), a retail tenancy dispute other than—
an application for relief against forfeiture; or
S. 89(4)(b) amended by No. 62/2014 s. 57(2)(a).
a claim under Part 9 (Unconscionable Conduct); or
S. 89(4)(c) inserted by No. 62/2014 s. 57(2)(b).
a retail tenancy dispute referred to in section 81(1A)—
is not justiciable before any other tribunal or a court or person acting judicially within the meaning of the Evidence (Miscellaneous Provisions) Act 1958.
The Tribunal also has jurisdiction to hear and determine any other application that under this Act, the Retail Tenancies Reform Act 1998 or the Retail Tenancies Act 1986 may be made to the Tribunal.
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