Retail Shop Leases Act 1994
sec.63Reference of dispute—by mediator
Start here
Get a plain-English read of sec.63
Turn the raw legal text into a practical explanation grounded in Retail Shop Leases Act 1994.
sec.63 Reference of dispute—by mediator
This section applies if— a retail tenancy dispute is within QCAT’s jurisdiction and— the parties can not reach a mediated solution to the dispute; or a party to the dispute does not attend the mediation conference for the dispute; or the dispute is not settled within 4 months after the dispute notice is lodged; and See section 103 for QCAT’s jurisdiction. the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged. The mediator must— refer the dispute, as provided under the QCAT Act , to QCAT; and give the commissioner written notice of the referral. The party who lodged the notice of the dispute under section 55 is the applicant in the proceeding before QCAT for the dispute. s 63 amd 2006 No. 4 s 32 ; 2009 No. 24 s 1579 ; 2009 No. 48 s 183 ; 2022 No. 5 s 60 (sec.63-ssec.1) This section applies if— a retail tenancy dispute is within QCAT’s jurisdiction and— the parties can not reach a mediated solution to the dispute; or a party to the dispute does not attend the mediation conference for the dispute; or the dispute is not settled within 4 months after the dispute notice is lodged; and See section 103 for QCAT’s jurisdiction. the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged. (sec.63-ssec.2) The mediator must— refer the dispute, as provided under the QCAT Act , to QCAT; and give the commissioner written notice of the referral. (sec.63-ssec.3) The party who lodged the notice of the dispute under section 55 is the applicant in the proceeding before QCAT for the dispute.
- (a) a retail tenancy dispute is within QCAT’s jurisdiction and— (i) the parties can not reach a mediated solution to the dispute; or (ii) a party to the dispute does not attend the mediation conference for the dispute; or (iii) the dispute is not settled within 4 months after the dispute notice is lodged; and Note— See section 103 for QCAT’s jurisdiction.
- (i) the parties can not reach a mediated solution to the dispute; or
- (ii) a party to the dispute does not attend the mediation conference for the dispute; or
- (iii) the dispute is not settled within 4 months after the dispute notice is lodged; and
- (b) the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged.
- (i) the parties can not reach a mediated solution to the dispute; or
- (ii) a party to the dispute does not attend the mediation conference for the dispute; or
- (iii) the dispute is not settled within 4 months after the dispute notice is lodged; and
- (a) refer the dispute, as provided under the QCAT Act , to QCAT; and