Commercial Tenancy
SAT hears a range of applications under the Commercial Tenancy (Retail Shops) Agreements Act 1985 concerning disputes arising in relation to retail shop leases. To come under the Commercial Tenancy (Retail Shops) Agreements Act, the retail shop must not exceed 1000 square metres of lettable area. A retail shop includes any premises:
- in a retail shopping centre, so long as the premises is used wholly or predominantly for the carrying on of business
- not in a retail shopping centre, if the premises is used wholly or predominantly for the carrying on of a retail business
Some of these matters can come straight to SAT, while others require a certificate from the Commissioner of the Small Business Development Corporation (the SBDC). The SBDC will consider a request for a certificate and will determine if the issues should be conciliated prior to issuing a certificate.
The table on this webpage has a list of the applications which can come directly to SAT. All other applications require a certificate from the SBDC, unless all parties agree that it is not necessary to go to the SBDC first.
You can contact the SBDC for more information on obtaining the certificate which must accompany your application. SAT will not accept an application where a certificate is required, but not attached.
All applications other than an application made under s.16 are required to be lodged electronically, and will generally be dealt with entirely on the documents.
An application under s.16(1) of the Act can only be made without a certificate if it is accompanied by an application for an urgent interim order which demonstrates a need for urgent relief. If an application is lodged with an interim application for urgent relief, and it is determined that there is no URGENT ISSUE requiring relief, then the application and interim application will be dismissed and the application fee forfeited. A s.16D(6) interim/urgent application can only be lodged with a s.16D(1) application.
If you are unsure whether a Certificate from the SBDC is required, please contact SAT before lodging an application.
|
Section, Subsection or Regulation |
Nature of Application |
|
s.11(3C)(b) |
Application for an order that a landlord comply with a request made under section 11(3B) of the Act. |
|
s.12(1)(b) |
Application for approval for proportion of operating expenses of a landlord payable by a tenant under a retail shop lease to be greater than the relevant proportion. |
|
s.12(1e) |
Application for approval for contribution towards the operating expenses of a landlord payable by a tenant under a retail shop lease to exceed the amount calculated under section 12(1e)(b) of the Act. |
|
s.12A(3)(e)(ii) |
Submission of a scheme of repayment for approval under section 12A(4) of the Act. |
|
s.12B(3)(e)(ii) |
Submission of a scheme of repayment for approval under section 12B(4) of the Act. |
|
s.13(3)(a) |
Application for approval for variation of the period during which an option to renew a lease is exercisable. |
|
s.13(7) |
Application to approve of the inclusion in a retail shop lease of a provision under which a landlord may determine the lease at a time that is before the day set out in section 13(6)(aa) or (ab) of the Act, as it relevant. |
|
s.13(7b) |
Application for an order that an option of renewal does not arise under section 13(1) of the Act. |
|
s.13A(3) |
Application to determine that there are bona fide commercial reasons for an inconsistency referred to in section 13A(1)(a) of the Act. |
|
s.14A(3) |
Application for the approval of the inclusion in a retail shop lease of a provision about the relocation of a tenant’s business to be in a form other than a form prescribed for the purposes of section 14A of the Act. |
|
s.15F(6) |
Application for an interim order pending final determination of an unconscionable conduct application under section 15F(1) of the Act. |
|
s.16D(6) |
Application for an interim order pending final determination of a misleading or deceptive conduct application under section 16D(1) of the Act. |
|
s 16(1) |
Referral of a question between the parties to a lease which a party believes to be a question arising under the lease, but only if urgent relief in the form of an order for a party to the lease to do, or refrain from doing, something is sought in conjunction with the referral. |
|
s.27(3)(b) |
Application for a matter before the Tribunal to be transferred to a court. |
Last updated: 21 August 2023
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