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RETAIL LEASES ACT 2003 - SECT 87

Retail tenancy disputes must first be referred for alternative dispute resolution

S. 87(1) amended by No. 16/2017 s. 45.

    (1)     A retail tenancy dispute may only be the subject of proceedings before the Tribunal (whether under this Act, the Fair Trading Act 1999 or any other Act) if the Small Business Commission has certified in writing that mediation or another appropriate form of alternative dispute resolution under this Part has failed, or is unlikely, to resolve it.

    (2)     This section does not apply to proceedings for an order in the nature of an injunction.

    (3)     This section does not affect the validity of any decision made by the Tribunal.



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