The Retail Shop Leases Registry and Tribunal will be amalgamating

by Andrew Lind on 13 July, 09

From December 1 2009 the Retail Shop Leases Registry and Tribunal will be amalgamating into the Queensland Civil and Administrative Tribunal.

Until then the Retail Shop Leases Registry and Tribunal will continue to handle any matters under the Retail Shop Leases Act (Qld).

Need help with a Retail Shop Lease or a Commercial Lease? Contact Dave Cheng.

{ 8 comments… read them below or add one }

Garry Durbin August 5, 2009 at 2:30 pm

Hi. My question is relation to the being a partner in a business vs being a shareholder.

I recently agreed to join a small business because I saw that it had great potential and the concept excites me. At the time the owner and I discussed my being a 40% owner on a partnership basis. I wont being paying out any upfront money for the business but rather will work for a far less salary than I would normally take with the difference going to pay off the 40%.
Am I better being a 40% equity partner/shareholder in the business or am I better off being a partner. What is the best way and the less risky way to go.

Thanks for your help.

Kerry September 15, 2009 at 10:05 pm

Hi Andrew, I have recently changed my business structure from a partnership to a sole trader. Do I now have to cancel my abn and apply for a new one? If so can I use my business name or do I apply with my own name?

Thanks in advance.


Andrew Lind October 14, 2009 at 1:59 pm

An ABN cannot be transferred. However if it is the same enterprise you may be able to continue to use it and just change the details. Check with the ABR (ATO).

steve February 5, 2010 at 12:25 am

Hello could someone please help me. My Wife and I have a Restaurant where our lease is about to expire. I have contacted the person in charge and they have told me that they will talk with the owners. I recieved a phone call today and the person in charge of this has told me that the owners are willing to do up a new lease but for more than we have now. It is actually $237 per week. this is a huge amount for small business. please let me know if there is a maximum percentage they can put the price up. They have just aquired the shopping village and have spent some money on it. For my opinion they want to try and et some of it back.

Thankyou Steve!

Andrew Lind February 8, 2010 at 1:50 pm

Here is a response from one of our Leasing Lawyers, Dave Cheng:

In Queensland a lease for a restaurant is a “retail shop lease” governed by the Retail Shop Leases Act (Qld).

If the lease is coming to the end, the landlord is required to provide a written notice (s. 46AA).

The notice can offer a new lease or tell the tenant that the landlord does not want to offer a renewal or extension of the lease. This must be given at least six months, but no longer than one year, before the lease ends.

If the landlord does not give notice, the tenant can give a written notice to the landlord requesting a six month extension (and the lease will continue on same terms and conditions). The tenant’s notice must be given before the lease expires.

(Note: reduced timeframes apply for leases of less than one year.)

Generally, for new leases, parties are free to negotiate and set rent without any significant restriction. The landlord is therefore free to rent the premises (to you / someone else) at an amount of his/her own choice.

You should check your lease carefully. If the lease contains an option to renew, you may want to renew the lease, so long as you do it within the time limit set by the lease, because rent must be increased in accordance with the method set out in the lease.

We recommend you should take prompt legal advice, which we will be happy to provide. If you wish to engage us, please contact our Client Services Manager, Bronwyn Beveridge of our office on 07 3252 0011.

Our Property Law and Leasing team assist landlords (lessors) and tenants (lessees) with all Retail Shop Leases and Commercial Leases.

kara hohaia August 25, 2010 at 10:51 pm

hi, i would like to ask what or how would i go about changing from a sole trader to a trust? Also do i legally have to change my business to a trust if there is more then one party involved?

mustafa April 5, 2013 at 3:28 pm

Hi there,

Me and a friend are looking to open a coffee shop in a mainline station, we will need to build a brand new kiosk on the footbridge yet recently after all of our costs we were told that the landlord can’t pay for the installation of the water and electricity supply for the unit, at first we were told that if we pay for this expense that we will get an equivalent rent free period however now they say we need to pay for the installation and all the rent, I heard from the middle man that the landlords lease is about to expire soon which is why its llike this, is there any way to fight this?

Andrew Lind April 15, 2013 at 5:44 pm

Right. Some legal advice from a Dispute Resolution lawyer is what is needed. The tenure of the landlord needs careful consideration first along with whether you have a claim in damages against the landlord. You may also want to consider approaching the ultimate land owner for a direct lease rather than a sub-lease. The lawyer in our office for this is Nathan Donovan Lawyer.

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