Catherine Hallgath, Partner, Mills Oakley Lawyers

NOTE: Retail leasing in NSW is governed by the Retail Leases Act 1994 (NSW) (Act). The Retail Leases Amendment (Review) Bill 2017 (NSW) (Bill) was passed by both houses of Parliament on 21 February 2017. It is to commence on a day to be appointed by proclamation and is awaiting Assent. The anticipated date for Assent is 1 July 2017, but this date has not been confirmed. The guidance notes within this topic will be updated to reflect these proposed changes at the time of Assent. In the meantime, the NSW Practical Guidance Property author, Catherine Hallgath, has drafted an outline of the proposed changes under the Bill to assist subscribers in understanding and preparing for commencement: Retail Leases Act 1994 (NSW) proposed changes.

The retail tenancy legislation specifies a more formal procedure for dispute resolution than under many leases.

This subtopic examines the procedure for the resolution of disputes under the Act including when a party must apply to the tribunal for relief and when a party is entitled to apply to a court. It also examines the remedies that are available including for unconscionable and misleading and deceptive conduct.

See Introduction.

See Mediation/alternative dispute resolution/Retail Tenancies Code of Practice Monitoring Committee/Conciliation conference.

See Meaning of “retail tenancy dispute” or “matter”.

See Proceedings.

See Unconscionable conduct.

See Misleading and deceptive conduct.