Applications can be submitted directly to SAT under the Commercial Tenancy (Retail Shops) Agreements Act 1985. The act has been amended in recent years and these amendments came into effect on January 1, 2013. Not all of these changes apply to leases made before that date. We have created a series of commercial leasing publications to answer common questions about the law specific to these pre-effects and retroactive leases. These provisions allow one or both parties to terminate the lease if the premises are destroyed by fire, earthquakes or other unforeseen events and if it is not commercial for the landlord, or the tenant waits for the landlord to rebuild the premises. For example, large retailers such as Woolworths and Coles are not protected by the Retail Shops Act because Parliament considers them sufficiently able to negotiate to deal with their own business interests. Whether you are a landlord or tenant, carefully considering the factors mentioned above, you will ensure that your legal and business interests are protected. For this application, a small business commissioner certificate is required in accordance with the Retail Shops Act 1985. An application in paragraph 16, paragraph 1, in the absence of such a certificate is only accepted if it is submitted at the same time as an interim request for an emergency discharge, pending the final decision of that application. Where urgent referral action is not warranted, this request may be rejected. Urgent interim measures from the Court of Justice should be carefully considered and, if not, you should seek assistance from the Small Business Development Corporation before making this application. Subject to Section 11 (5), a party to a retail contract may refer to SAT any issue between the parties which, in its view, results from the lease agreement and SAT determines – (a) whether the matter before it is a matter arising from the lease; and b) when it comes to such an issue, hear and determine. It is important to seek legal and financial advice on your specific circumstances to ensure that the rents you pay or apply for are commercial and reasonable in the marketplace.
When the premises are used in all or most of the retail goods, the lease is likely governed by the Retail Shops Agreements Act 1985. An application to establish that there are good faith economic grounds to justify inconsistency within the meaning of Section 13A(1) (a) of the Act. (a) a disclosure statement that sets out the important economic and legal conditions of the lease and contains a lease agreement; and SAT listens to a number of applications as part of the Commercial Tenancy (Retail Shops) Agreements Act 1985.