Retail lease orders

List of orders NCAT can make under the Retail Leases Act 1994 (NSW).

If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.

If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.

Retail tenancy claim

Section	Orders	Who can apply?	Information required
72(1)(a)	An order that a party to the proceedings pay money to a person specified in the order, whether by way of debt, damages or restitution, or refund any money paid by a specified person	Lessor or Lessee	Retail shop lease Correspondence between parties Reports, receipts
72(1)(b)	An order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings	Lessor or Lessee	Retail shop lease Statements, statutory declarations or affidavits that support your case Correspondence between parties
72(1)(c)	An order that a party to the proceedings: (i) do any specified work or perform any specified service or any obligation arising under this Act or the terms of a lease; (ii) surrender possession of specified premises to another person (iii) assign his or her or its rights under a lease to a specified person (iv) do or perform, or refrain from doing or performing, any specified act, matter or thing	Lessor or Lessee	Retail shop lease Assignor’s disclosure statement Lessor’s disclosure statement Reports, receipts Statements, statutory declarations or affidavits that support your case Correspondence between parties
72(1)(f)(ii)	An order declaring that a lessor is not entitled to withhold consent to an assignment of the rights of a lessee	Lessor or Lessee	Retail shop lease Assignor’s disclosure statement Lessor’s disclosure statement Bank guarantee information Copy of outgoings Correspondence between parties

Rectification of lease or disclosure statement

Section	Orders	Who can apply?	Information required
72(1)(e)	An order requiring the rectification of the lease or the lessor’s disclosure statement	Lessee	Retail shop lease Lessor’s disclosure statement
72(1)(e1)	An order deeming disclosure statement given in compliance with section 11 before lease entered	Lessee	Retail shop lease Lessor’s disclosure statement
72(1)(f)(i)	An order declaring any provision made by a lease to be void	Lessee	Retail shop lease Correspondence between parties Lessor’s disclosure statement

Claim for relief

Section	Orders	Who can apply?	Information required
72(1)(d)	An order granting a party to the proceedings relief against forfeiture	Lessor or Lessee	Retail shop lease Correspondence between parties
72(1)(f)(iii)	An order declaring the rights and liabilities of the parties under law, whether any consequential relief is or could be claimed or not	Lessor or Lessee	Retail shop lease Assignor’s disclosure statement Lessor’s disclosure statement Bank guarantee information Copy of outgoings Correspondence between parties

Security bond

Section	Orders	Who can apply?	Information required
72(1)(f)(iv)	An order declaring that a party is or is not entitled to receive payment of the whole or part of a security bond	Lessor or Lessee	Retail shop lease Correspondence between parties Reports, receipts

Unconscionable conduct

Section	Orders	Who can apply?	Information required
72(AA)(1)	(a) An order that a party to the proceedings pay money to a person specified in the order, whether by way of debt, damages or restitution, or refund any money paid by a specified person, (b) An order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings.	Lessor or Lessee Guarantor or Covenantor	Retail shop lease Lessor’s disclosure statement Lessee’s disclosure statement Correspondence between parties Copy of outgoings Reports, cash flow statements

Section

Orders

Who can apply?

Information required

72(AA)(1)

(a) An order that a party to the proceedings pay money to a person specified in the order, whether by way of debt, damages or restitution, or refund any money paid by a specified person,

(b) An order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings.

Lessor or
Lessee

Guarantor or Covenantor

Retail shop lease
Lessor’s disclosure statement
Lessee’s disclosure statement
Correspondence between parties
Copy of outgoings
Reports, cash flow statements