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Support to mediate any leasing disputes

Redland Bayside News
Redland Bayside News
Published: November 28, 2024
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Support to mediate any leasing disputes
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THE Queensland Small Business Commissioner seeks to help resolve different types of business disagreements, including a mediation service for leasing disputes, under the Small Business Commissioner Act 2022 (SBC Act) and the Retail Shop Leases Act 1994 (RSL Act).

The aims are to: Empower and support the parties to work through the issues; Work together to identify options; Find a solution that works best for everyone.

In Queensland, only courts or tribunals make rulings, give directions or issue orders. You may need to seek independent legal advice about your individual circumstances, as this service cannot provide legal or financial advice.

If you have a dispute, you should first attempt to resolve it yourself. If you have a business dispute, we will work with you to help you explore your options and, where possible, work together with the other party to help you both find a solution.

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Council have created fact sheets which cover some of the most common dispute topics that seen with small and family businesses face. In them you will find information, facts to consider, and tips to help you work towards resolving the issue.

If you are in a disagreement with your tenant or landlord about a retail or commercial lease and cannot resolve the dispute, there is provision for mediation to help you to reach an agreement.

Before organising a mediation, the department will reach out to both parties to discuss the matter and offer informal (free) dispute assistance.

The department will then assess your eligibility for mediation under either the RSL Act or the SBC Act.

Please note: When applying for mediation, the applicant must decide whether the application is being made under the RSL Act or SBC Act and we will assess the application based on this choice.

  • Under the SBC Act, both parties must agree to participate for the mediation to go ahead.
  • Under the RSL Act, if assessed as eligible, the mediation will continue unless the applicant lets the QSBC know that they wish to withdraw.

If you have a business-to-business dispute (such as an unpaid invoice), and cannot resolve it yourself, help is available to resolve it.

Source: Leasing disputes – Queensland Small Business Commissioner

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