Leasing Dispute Assistance

The Queensland Small Business Commissioner (QSBC) provides assistance in resolving a range of business disputes, including mediation services for leasing disputes, under the Small Business Commissioner Act 2022 (SBC Act) and the Retail Shop Leases Act 1994 (RSL Act).

The QSBC’s role is to:

• Empower and support parties in working through their issues
• Facilitate discussions to identify potential solutions
• Assist in finding a resolution that works for all parties

As rulings, directions, and orders can only be issued by courts or tribunals in Queensland, the QSBC encourages parties to seek independent legal advice where necessary. The QSBC does not provide legal or financial advice.

Resolving Business Disputes

Before seeking assistance, businesses are encouraged to attempt to resolve disputes independently. If further support is needed, the QSBC can help by exploring available options and facilitating discussions between parties.

1) Accessing Information and Resources

The QSBC provides fact sheets on common dispute topics faced by small and family businesses. These resources include key information, relevant considerations, and practical steps for working towards a resolution.

2) Seeking Dispute Assistance

• Retail and Commercial Lease Disputes
  If a disagreement arises between a tenant and landlord over a retail or commercial lease and cannot be resolved, the QSBC offers mediation services.
  
  Applying for Mediation
  
  • Before mediation is arranged, the QSBC contacts both parties to discuss the issue and provide informal (free) dispute assistance.
  • The QSBC assesses eligibility for mediation under either the RSL Act or SBC Act, based on the applicant’s choice.
  • Under the SBC Act, mediation proceeds only if both parties agree to participate.
  • Under the RSL Act, if assessed as eligible, mediation will proceed unless the applicant withdraws.
    
    
• Business-to-Business Disputes
  For disputes between businesses—such as unpaid invoices—the QSBC provides support to explore issues and identify potential resolutions.
  
  Requesting Dispute Assistance
  
  • The QSBC contacts parties to discuss the dispute.
  • Guidance is provided on communication strategies, negotiation approaches, and practical steps towards resolution.
  • Templates and insights may be offered to assist the process.
  • If an agreement cannot be reached, the QSBC may suggest alternative options.
    
    
• Other Dispute Types
  The Dispute Assistance Finder tool is available to help businesses identify the most appropriate service for their specific dispute.
  

For more information or to access dispute resolution services, businesses can visit the Queensland Small Business Commissioner’s website.