Leasing law
The following lists provide website links for relevant legislation, tribunals, law societies/Institutes and other useful organisations.
Helpful links
Legislation
State | Legislation | Web |
---|---|---|
NSW | Retail Leases Act 1994 | www.austlii.edu.au/au/legis/nsw/consol_act/rla1994135 |
NSW | Retail Leases Amendment (Review) Act 2017 No2 | https://www.legislation.nsw.gov.au/acts/2017-2.pdf |
Victoria | Retail Leases Act 2003 | www.austlii.edu.au/au/legis/vic/consol_act/rla2003135/ |
QLD | Retail Shop Leases Act 1994 | www.austlii.edu.au/au/legis/qld/consol_act/rsla1994189/ |
Tasmania | Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 | https://www.legislation.tas.gov.au/view/html/inforce/current/sr-1998-118 |
SA | Retail & Commercial Leases Act 1995 | www.austlii.edu.au/au/legis/sa/consol_act/racla1995233/ |
WA | Commercial Tenancy (Retail Shops) Agreements Act 1985 incorporating the Commercial Tenancy (Retail Shops) Agreements Amendment Act 1998 and the Commercial Tenancy (Retail Shops) Agreements Amendments Act 2011 | www.austlii.edu.au/au/legis/wa/consol_act/ctsaa1985406/ https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a146870.html |
ACT | Leases (Commercial and Retail) Act 2001 | www.austlii.edu.au/au/legis/act/consol_act/lara2001233/ |
NT | Business Tenancies (Fair Dealings) Act 2003 | www.austlii.edu.au/au/legis/nt/consol_act/btda295/ |
Tribunals, law societies/institutes and other useful organisations
NSW
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
NSW Civil & Administrative Tribunal (NCAT) | If you’re a landlord, agent or tenant involved in a tenancy dispute, you can apply online to have the matter heard by NCAT. | http://www.ncat.nsw.gov.au |
Law society of NSW | The representative body for solicitors in NSW. | https://www.lawsociety.com.au/ |
NSW Small Business Commissioner | The Retail Tenancy Unit is part of the Office of the NSW Small Business Commissioner’s Dispute Resolution Unit. It provides information and strategic advice about any small business dispute. | https://www.smallbusiness.nsw.gov.au/ |
VICTORIA
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Victorian Civil and Administrative Tribunal | VCAT hears and decides cases about retail tenancies and commercial leasing disputes. | https://www.vcat.vic.gov.au/get-started/retail-and-commercial-leases |
Law Institute Victoria | The representative body for solicitors in Victoria. | https://www.liv.asn.au/ |
Victorian Small Business Commission | VSBC is the first port of call for dispute resolution services between retail tenants and landlords. | https://www.vsbc.vic.gov.au/who-we-help/retail-tenants-landlords/ |
QUEENSLAND
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
QCAT | If a dispute is not resolved at mediation it is then heard by QCAT. | http://www.qcat.qld.gov.au/matter-types/retail-shop-lease-disputes |
Queensland Law Society | The representative body for solicitors in Queensland. | www.qls.com.au/ |
TASMANIA
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Consumer Affairs and Fair Trading | If a dispute is not resolved between the parties by direct negotiation then the Office of Consumer Affairs and Fair Trading will attempt to negotiate a solution. | www.consumer.tas.gov.au |
Law society of Tasmania | The representative body for solicitors in Tasmania. | https://lst.org.au/ |
SOUTH AUSTRALIA
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Small Business Commissioner | Assists in resolving tenancy disputes between landlords and tenants. A Retail and Commercial Leasing Guide is also available on their site. | https://www.sasbc.sa.gov.au/retail_leasing |
Law Society South Australia | The representative body for solicitors in South Australia. | www.lawsocietysa.asn.au/ |
WESTERN AUSTRALIA
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Small Business Development Corporation | Assists in resolving tenancy disputes between landlords and tenants. | https://www.smallbusiness.wa.gov.au |
AUSTRALIAN CAPITAL TERRITORY
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Guide | Guide to the ACT Leases (Commercial and Retail) Act 2001 | https://www.accesscanberra.act.gov.au/ci/fattach/get/49290/1437434055/redirect/1/filename/Leases+-+Commercial+and+retail+handbook.pdf |
Law Society of the ACT | The representative body for solicitors in ACT. | www.actlawsociety.asn.au/ |
NT
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
Consumer Affairs | The Tenancy Unit within the Consumer Affairs provides services to tenants and landlords of commercial properties in NT. | www.consumeraffairs.nt.gov.au |
Law Society of NT | The representative body for solicitors in NT. | https://lawsocietynt.asn.au/ |
ALL STATES & TERRITORIES
ORGANISATION | DESCRIPTION | WEB |
---|---|---|
National Cabinet | Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 | www.pm.gov.au |