sec.83QCAT orders

sec.83 QCAT orders

Subject to subsection (3) , QCAT may make the orders, including declaratory orders, QCAT considers to be just to resolve a retail tenancy dispute. Without limiting subsection (1) , QCAT may make any 1 or more of the following orders— an order for a party to the dispute to do, or not to do, anything; an order requiring a party to the dispute to pay an amount (including an amount of compensation) to a specified person; an order that a party to the dispute is not required to pay an amount to a specified person; an order setting aside the mediation agreement between the parties to the dispute; an order that an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which the leased shop is situated was or was not reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building; if the dispute is about the payment of compensation by the lessor to the lessee under the retail shop lease and the lease contains provision for the amount of compensation payable or a formula to calculate the amount of compensation payable—an order that the amount of compensation payable under the lease is reasonable; an order giving effect to a settlement agreed on by the parties to the dispute; an order mentioned in section 22E (2) ; with consent of the parties to the dispute—an order to rectify the lease; if QCAT finds that, in making a determination of current market rent, a specialist retail valuer did not comply with section 29 —an order that the determination be set aside and a further determination, in compliance with the section, be made. If QCAT finds a party to the dispute engaged in unconscionable conduct in connection with the retail shop lease, QCAT may only make 1 of the following orders based on the unconscionable conduct— an order requiring the party who engaged in the unconscionable conduct to pay an amount to a stated person; an order that the party who engaged in the unconscionable conduct is not required to pay any amount to any person. s 83 amd 2000 No. 19 s 31 ; 2006 No. 4 s 38 ; 2009 No. 24 s 1583 ; 2016 No. 21 s 55 (sec.83-ssec.1) Subject to subsection (3) , QCAT may make the orders, including declaratory orders, QCAT considers to be just to resolve a retail tenancy dispute. (sec.83-ssec.2) Without limiting subsection (1) , QCAT may make any 1 or more of the following orders— an order for a party to the dispute to do, or not to do, anything; an order requiring a party to the dispute to pay an amount (including an amount of compensation) to a specified person; an order that a party to the dispute is not required to pay an amount to a specified person; an order setting aside the mediation agreement between the parties to the dispute; an order that an item, or part of an item, of the lessor’s outgoings for the retail shopping centre or leased building in which the leased shop is situated was or was not reasonably incurred in, or directly attributable to, the operations, maintenance or repair of the centre or building; if the dispute is about the payment of compensation by the lessor to the lessee under the retail shop lease and the lease contains provision for the amount of compensation payable or a formula to calculate the amount of compensation payable—an order that the amount of compensation payable under the lease is reasonable; an order giving effect to a settlement agreed on by the parties to the dispute; an order mentioned in section 22E (2) ; with consent of the parties to the dispute—an order to rectify the lease; if QCAT finds that, in making a determination of current market rent, a specialist retail valuer did not comply with section 29 —an order that the determination be set aside and a further determination, in compliance with the section, be made. (sec.83-ssec.3) If QCAT finds a party to the dispute engaged in unconscionable conduct in connection with the retail shop lease, QCAT may only make 1 of the following orders based on the unconscionable conduct— an order requiring the party who engaged in the unconscionable conduct to pay an amount to a stated person; an order that the party who engaged in the unconscionable conduct is not required to pay any amount to any person.