The legislation in each state or territory sets out a very clear process for dispute resolution between landlords and commercial tenants.

For retail leases, there must first be an attempt to resolve the dispute by either mediation or a settlement meeting, before the dispute can be determined by a court or tribunal that has jurisdiction over the dispute.

In the case of retail leases, it is very important to check time limits for making an application, because sometimes there is only a limited amount of time allowed, which differs from the usual time limits for commencing civil claims.

For all other commercial leases, disputes that cannot be resolved will generally have to be determined by a court.

Be sure to check your lease agreement and supporting legislation and seek independent legal advice, if you find yourself caught up in a dispute.

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