sec.64Application to QCAT—by party

sec.64 Application to QCAT—by party

A party to a retail tenancy dispute may apply, as provided under the QCAT Act , to QCAT for an order to resolve the dispute if— any of the following provisions apply— the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed; a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT’s jurisdiction; a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged. In this section— mediation agreement includes a mediation agreement under section 26 of the former Act . s 64 amd 2000 No. 19 s 37 ; 2006 No. 4 ss 32 , 3 sch sub 2009 No. 24 s 1580 (sec.64-ssec.1) A party to a retail tenancy dispute may apply, as provided under the QCAT Act , to QCAT for an order to resolve the dispute if— any of the following provisions apply— the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed; a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT’s jurisdiction; a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and the retail shop lease has not ended (whether by expiry, surrender or termination) more than 1 year before the dispute notice was lodged. (sec.64-ssec.2) In this section— mediation agreement includes a mediation agreement under section 26 of the former Act .

• (a) any of the following provisions apply— (i) the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed; (ii) a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT’s jurisdiction; (iii) a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and
• (i) the party claims that another party to a mediation agreement has not complied with the agreement within the time stated in it or, if no time is stated, within 2 months after the agreement is signed;
• (ii) a mediator refuses to refer the dispute to QCAT because the mediator is of the opinion that the dispute is not within QCAT’s jurisdiction;
• (iii) a court has ordered that a proceeding started in the court for the dispute be removed to QCAT or another tribunal; and