South Australian Current Acts

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 68

68—Jurisdiction of the Magistrates Court

        (1)         An application for an order under this section may be commenced by application to the Magistrates Court by a party (or former party) to a retail shop lease or a collateral agreement.

        (2)         The Magistrates Court may on application under this section, by order—

            (a)         restrain an action in breach of this Act, a retail shop lease or a collateral agreement; or

            (b)         require a person to comply with an obligation under this Act, a retail shop lease or a collateral agreement; or

            (c)         order a person to make a payment (including a payment of compensation) that is payable under this Act, a retail shop lease or a collateral agreement; or

            (d)         order the payment of compensation for loss or damage resulting from a breach of this Act, a retail shop lease or a collateral agreement; or

            (e)         relieve a party to a retail shop lease or a collateral agreement from the obligation to comply with a provision of the lease or agreement; or

            (f)         reinstate rights under a retail shop lease that have been forfeited or have otherwise terminated; or

            (g)         require the payment of rent under a retail shop lease into the Magistrates Court until the lease has been performed or an application for compensation has been determined; or

            (h)         require that rent paid into the Magistrates Court be paid out and applied as directed by the Magistrates Court; or

                  (i)         require a tenant to surrender possession of premises to the lessor; or

            (j)         do anything else necessary or desirable to resolve a dispute between the parties to the retail shop lease.