Projects and Property

30 July 2009

QCAT - its impact on the Retail Shop Leases Tribunal

On 1 December this year, a number of Queensland’s tribunals are due to  be amalgamated under one ‘super’ tribunal known as the Queensland Civil and Administrative Tribunal (QCAT).  The Retail Shop Leases Tribunal (RSLT) will also come within this new structure, however its present functions will largely be retained.

QCAT’s structure

The RSLT will become part of the ‘civil disputes’ division of QCAT, one of three separate divisions.  

The Hon. Glen Williams AO QC has been appointed as QCAT’s first president, and QCAT will have several full time core members.  In the case of the RSLT, the members will be a combination of lawyers and persons with expertise in relation to retail shop leases disputes. 

RSLT’s role in QCAT

It is anticipated the RSLT will benefit from added administrative support from being with a larger structure.  However, it is intended that the RTSL’s specialist role in providing information, mediation and assistance to landlords and tenants will continue. 

What does this mean for Landlords and Tenants?

In line with the RSLT’s present objectives, QCAT’s objectives are a fair, just and quick resolution of disputes.   While the present system of parties appearing without legal representation will continue  there will still be no restriction on obtaining legal advice in preparation of material.  A party would need the consent of the presiding member to be legally represented.  Similiar to the RSLT, each party appearing before QCAT would normally pay their own costs.

The rules of QCAT, which will be developed by the president of QCAT in the coming months, will further detail the process requirements  for retail shop lease disputes. 

Prior to 1 December 2009, parties involved in current matters before the RSLT may experience the incorporation of particular elements of QCAT, i.e. case management technology, known as CaseWorks. 

Further Information?

Before QCAT’s commencement on 1 December 2009, landlords and tenants ought to familiarise themselves with QCAT’s website - to be established nearer to commencement.

QCAT’s project team are also offering a number of information sessions, website and email updates and other tools to inform interested parties of the changes.

For further assistance or enquiries please contact:

Ian Hazzard on 07 3233 8976
Andrew Muir on 07 3233 8836.