By James Bottomley, Partner;Meryl Snow, Partner;Natalie
Gerrard, Special Counsel;Craig Willey, Senior
The Department of Justice and Attorney-General has released a
discussion paper to encourage public comment on the topics under
consideration as part of the latest review of Queensland's
retail shop lease legislation.
The Retail Shop Leases Act 1994 (Qld) and Retail
Shop Leases Regulation 1996 (Qld) must be reviewed every seven
years. With the current review due to be completed by June 2012,
the Department has set a deadline of 30 January 2012 for written
submissions on the discussion paper.
Here, partner Meryl Snow and senior associate Craig Willey
outline the topics under review.
Review of leasing in Queensland
The Department's discussion paper addresses and seeks
feedback on a variety of topics to be considered as part of the
review of leasing legislation in Queensland, including
the possibility of excluding further specific types of premises
from the operation of the Retail Shop Leases Act;
the ability of all lessees (not just major lessess) to waive
the mandatory seven day disclosure period;
the inclusion of a requirement for lessors to provide a
disclosure statement when a lease is renewed or extended;
whether the requirement of lessees to provide financial advice
reports and legal advice reports should be discarded, as Queensland
is the only jurisdiction in Australia that requires these reports
for retail leases;
the appropriateness of market rent review processes under the
whether a lessor should have the ability to exclude or limit
compensation for events which have been disclosed to the lessee in
the lease as being an event likely to occur during the term of the
the inclusion of mandatory rent abatement provisions in the Act
to operate where premises have been damaged or destroyed;
the clarity and appropriateness of relocation and demolition
the appropriateness of the restrictions on lessors in
recovering legal costs from lessees.
If you would like to make a submission to the Department as part
of the review process, please note that all that submissions must
be in writing and should refer to the relevant paragraph numbering
in the discussion paper. Where possible, supporting details or data
for your submissions should be included.
If you would like assistance preparing a written submission or
would like to submit your comments to us to consider for any
submission we may make to the Department, please contact
HopgoodGanim's Commercial and Retail Leasing team.
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