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ARTICLE · 12 JANUARY 2006

Property Update

This Update sets out some of the key amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985. The purpose of the amendments is to enable landlords and tenants to litigate disputes relating to unconscionable conduct in the State Administrative Tribunal.

AustraliaReal Estate and Construction
Peter Beekink
Peter Beekink
Lynn Adamson
Lynn Adamson

Originally published December 2005

Retail Shops and Fair Trading Legislation Amendment Bill 2005

The Retail Shops and Fair Trading Legislation Amendment Bill 2003 was tabled in Parliament on 15 October 2003. It was not proclaimed and has now been reintroduced as the Retail Shops Fair Trading Legislation Amendment Bill 2005. If proclaimed, the Bill will amend the Retail Trading Hours Act 1987, the Commercial Tenancy (Retail Shops) Agreements Act 1985 (Act), and the Fair Trading Act 1987.

This Update sets out some of the key amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985. The purpose of the amendments is to enable landlords and tenants to litigate disputes relating to unconscionable conduct in the State Administrative Tribunal. While tenants can currently raise such disputes in other courts, this is viewed as a less expensive and more accessible tribunal for tenants.

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