NCAT can hear and decide retail lease disputes between a landlord and a tenant of a retail shop in NSW.
Retail leases cases are managed through NCAT's Consumer and Commercial Division.
NCAT can make orders in retail leases disputes including:
For more information about the orders NCAT can make, refer to the Retail Leases Act 1994.
You can apply for an interim order in addition to your retail leases application. An interim order can stop the actions of a party or preserve the current state until the application is decided.
NCAT will only make an interim order if urgent reasons require it.
Check if your matter is affected by federal jurisdiction.
Mediation is compulsory for most retail lease claims before applying to NCAT. Contact the NSW Small Business Commissioner to arrange a mediation.
You must attach the mediation certificate to your application unless you are exempt.
Section 68 of the Retail Leases Act 1994 says an application can be accepted without mediation if it is asking for an order that is the nature of an injunction.
Relevant information includes:
To make a claim against a person, business or company, you need to use their correct name or legal entity. You also need the correct address for service.
If the other party is a business or company, search ASIC's Registers and attach the search to your application.
NCAT may ask you for more information to ensure the other party's details are correct. Not providing correct details can cause delays or the making of unenforceable orders.
View our current application fees and charges.
Concession card holders are eligible for a reduced fee. Have your concession card with you when you lodge the application to claim the reduced fee.
The maximum amount you can claim is $750,000 (if lease entered into on or after 1 July 2017) or $400,000 (where lease entered into before 1 July 2017).
You must apply to NCAT within 3 years after the liability or obligation that is the subject of the claim arose, or after the alleged unconscionable conduct occurred.
Retail lease matters are first listed for directions. Check the notice of hearing from NCAT and follow the instructions provided. If your case is not resolved at the first hearing it may be listed for a contested hearing on a later date.
Read the hearing preparation checklist to prepare for your hearing.
Parties in retail lease matters are entitled to be represented by an Australian lawyer or other agent without requiring the leave of the Tribunal (Clause 7 (b) Schedule 3 of the Civil and Administrative Tribunal Act 2013.
19 Nov 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.