sec.94Exclusion of other jurisdictions

sec.94 Exclusion of other jurisdictions

On and after the lodgement of a dispute notice for a retail tenancy dispute, the dispute must not be referred to arbitration or heard by any court. Subsection (1) does not apply if— the notice of the dispute is withdrawn under section 91 or the referral of, or application for, the dispute is withdrawn under the QCAT Act ; or a proceeding about the issue in dispute was started in a court before the dispute notice was lodged and the proceeding has not been removed, or transferred, to QCAT; or an application for an order in the nature of an injunction about the issue in dispute is made to a court; or a mediator or QCAT refuses to mediate or hear the dispute because the mediator or QCAT is of the opinion the dispute is not within the jurisdiction of a mediator or QCAT; or the mediator has given a notice about the outcome of the mediation under section 61A (a) (ii) because the dispute was not resolved, and QCAT does not have jurisdiction to hear the dispute. For subsection (2) (b) , a proceeding is taken to have been started before a court if the lessor has— served on the lessee a notice to remedy breach under the Property Law Act 2023 , section 153 ; or given to the lessee a termination notice under the Property Law Act 2023 , part 9 , division 7 . If an application for an order mentioned in subsection (2) (c) is made to a court, the QCAT proceeding for the dispute ends only if the court— grants the application; and makes an order that is inconsistent with allowing the QCAT proceeding to continue. s 94 amd 2000 No. 19 ss 35 , 37 ; 2009 No. 24 s 1586 ; 2022 No. 5 s 62 ; 2023 No. 27 s 289 sch 3 (sec.94-ssec.1) On and after the lodgement of a dispute notice for a retail tenancy dispute, the dispute must not be referred to arbitration or heard by any court. (sec.94-ssec.2) Subsection (1) does not apply if— the notice of the dispute is withdrawn under section 91 or the referral of, or application for, the dispute is withdrawn under the QCAT Act ; or a proceeding about the issue in dispute was started in a court before the dispute notice was lodged and the proceeding has not been removed, or transferred, to QCAT; or an application for an order in the nature of an injunction about the issue in dispute is made to a court; or a mediator or QCAT refuses to mediate or hear the dispute because the mediator or QCAT is of the opinion the dispute is not within the jurisdiction of a mediator or QCAT; or the mediator has given a notice about the outcome of the mediation under section 61A (a) (ii) because the dispute was not resolved, and QCAT does not have jurisdiction to hear the dispute. (sec.94-ssec.3) For subsection (2) (b) , a proceeding is taken to have been started before a court if the lessor has— served on the lessee a notice to remedy breach under the Property Law Act 2023 , section 153 ; or given to the lessee a termination notice under the Property Law Act 2023 , part 9 , division 7 . (sec.94-ssec.4) If an application for an order mentioned in subsection (2) (c) is made to a court, the QCAT proceeding for the dispute ends only if the court— grants the application; and makes an order that is inconsistent with allowing the QCAT proceeding to continue.