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ARTICLE · 02 OCTOBER 2013

Retail tenancy disputes in NSW - practice and procedure

Colin Biggers & Paisley
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Retail tenancy disputes in NSW generally dealt with by a specialised tribunal rather than a court.

AustraliaReal Estate and Construction
Martin Deutsch
Martin Deutsch

In brief - Retail tenancy disputes in NSW generally dealt with by a specialised tribunal rather than a court

Proceedings relating to retail tenancy disputes in NSW are generally commenced in the Retail Leases Division of the Administrative Decisions Tribunal. Mediations of retail tenancy disputes are generally conducted by the Retail Tenancy Unit.

What is a retail tenancy dispute?

Section 63 of the Retail Leases Act (RLA) defines "retail tenancy dispute" as "any dispute concerning the liabilities or obligations (including any obligation to pay money) of a party or former party to a retail shop lease or former lease, being liabilities or obligations which arose under the lease or former lease or which arose in connection with the use or occupation of the retail shop to which the lease or former lease relates, and (without limiting the generality of the foregoing) includes a dispute about a security bond".

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