(1) Subject to subsection (3) , QCAT may make the orders, including
declaratory orders, QCAT considers to be just to resolve a retail tenancy
dispute.
(2) Without limiting subsection (1) , QCAT may make any 1 or more of
the following orders—
(a) an order for a party to the dispute to do, or not
to do, anything;
(b) an order requiring a party to the dispute to pay an
amount (including an amount of compensation) to a specified person;
(c) an
order that a party to the dispute is not required to pay an amount to a
specified person;
(d) an order setting aside the mediation agreement between
the parties to the dispute;
(e) an order that an item, or part of an item, of
the lessor’s outgoings for the retail shopping centre or leased building in
which the leased shop is situated was or was not reasonably incurred in, or
directly attributable to, the operations, maintenance or repair of the centre
or building;
(f) if the dispute is about the payment of compensation by the
lessor to the lessee under the retail shop lease and the lease contains
provision for the amount of compensation payable or a formula to calculate the
amount of compensation payable—an order that the amount of compensation
payable under the lease is reasonable;
(g) an order giving effect to a
settlement agreed on by the parties to the dispute;
(i) with consent of the parties to the dispute—an order
to rectify the lease;
(j) if QCAT finds that, in making a determination of
current market rent, a specialist retail valuer did not comply with section 29—an order that the determination be set aside and a further determination,
in compliance with the section, be made.
(3) If QCAT finds a party to the
dispute engaged in unconscionable conduct in connection with the
retail shop lease, QCAT may only make 1 of the following orders based on the
unconscionable conduct—
(a) an order requiring the party who engaged in the
unconscionable conduct to pay an amount to a stated person;
(b) an order that
the party who engaged in the unconscionable conduct is not required to pay any
amount to any person.
