SAT hears a range of applications under the Commercial Tenancy (Retail Shops) Agreements Act 1985 concerning disputes arising in relation to retail shop leases. To come under the Commercial Tenancy (Retail Shops) Agreements Act, the retail shop must not exceed 1000 square metres of lettable area. A retail shop includes any premises:
Some of these matters can come straight to SAT, while others require a certificate from the Commissioner of the Small Business Development Corporation (the SBDC). The SBDC will consider a request for a certificate and will determine if the issues should be conciliated prior to issuing a certificate.
The table on this webpage has a list of the applications which can come directly to SAT. All other applications require a certificate from the SBDC, unless all parties agree that it is not necessary to go to the SBDC first.
You can contact the SBDC for more information on obtaining the certificate which must accompany your application. SAT will not accept an application where a certificate is required, but not attached.
All applications other than an application made under s.16 are required to be lodged electronically, and will generally be dealt with entirely on the documents.
An application under s.16(1) of the Act can only be made without a certificate if it is accompanied by an application for an urgent interim order which demonstrates a need for urgent relief. If an application is lodged with an interim application for urgent relief, and it is determined that there is no URGENT ISSUE requiring relief, then the application and interim application will be dismissed and the application fee forfeited. A s.16D(6) interim/urgent application can only be lodged with a s.16D(1) application.
If you are unsure whether a Certificate from the SBDC is required, please contact SAT before lodging an application.
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