Reviewed by the Commercial & Business team at Bennett Carroll Solicitors · Last reviewed 21 October 2026
Many Queensland retailers and their landlords have been working through changes brought in by the Property Law Act 2023 (Qld) since it commenced in August 2025. Now a second, longer-standing piece of legislation is under the microscope. The Queensland Government has been conducting a Retail Shop Leases Act review, covering the Retail Shop Leases Act 1994 (Qld), the law that sets minimum standards and dispute resolution processes for retail tenancies across the state.
For business owners weighing up a new lease, a renewal, or a purchase that comes with an existing lease attached, it is worth understanding what is under review, what is not changing yet, and what to do in the meantime.
Why the Retail Shop Leases Act is being reviewed
Reviews of this kind are a built-in feature of the legislation rather than a one-off event. The Act requires periodic review of whether its provisions remain appropriate, and the last such review, which began in 2013, ultimately led to the Retail Shop Leases Amendment Act 2016 (Qld), which narrowed the Act’s scope.
Queensland’s retail leasing market has moved on considerably since then. The Government’s discussion paper notes growth in retail turnover, tight availability of floorspace, rising rents and an increase in the number of businesses seeking mediation over lease disputes. Together, these trends prompted government to test whether the current rules still strike the right balance between landlords and tenants.
What the review covers
The current review is looking at opportunities to:
- clarify and streamline the Act, particularly where it overlaps or sits awkwardly alongside the Property Law Act 2023 (Qld)
- refine the scope of the Act to reflect modern retail formats and leasing practices
- simplify disclosure requirements when a lease is entered into, renewed or assigned
- update minimum standards to better support compliance and reduce disputes
- improve dispute resolution so it remains timely, proportionate and cost effective
The review is not looking at how mediation services are delivered day to day, the operation of the Queensland Civil and Administrative Tribunal, or commercial rent levels and broader market conditions. Those remain outside its scope.
Where things stand
The Queensland Government invited public submissions on the Retail Shop Leases Act review through a discussion paper and online survey. Submissions have now closed. That feedback will now be used to shape any recommendations for change, but no amending legislation has been introduced and no commencement date has been set.
In practical terms, this means nothing in the day to day operation of the Act has changed yet. Existing leases, and any leases entered into now, continue to be governed by the Act in its current form. What the review does signal is the direction the law may take, and it is a useful prompt to check that current leasing arrangements are on a sound footing before any reform arrives.
What this means alongside the Property Law Act 2023
Retail leases in Queensland already sit at the intersection of two pieces of legislation. The Retail Shop Leases Act 1994 (Qld) sets retail-specific minimum standards, while the Property Law Act 2023 (Qld) introduced a more general overhaul of landlord consent processes, notices to remedy breach and other lease mechanics that applies across commercial leasing generally. We covered the practical detail of those changes for commercial landlords in our earlier article, and the two Acts will need to be read together for as long as both remain in force.
Practical steps for landlords and tenants now:
Entering into or renewing a lease
A lease negotiated today is still governed by the current rules, not the review’s proposals. If you are about to sign, it is worth having the lease properly risk assessed first. Our guide on identifying red flags before you sign sets out the clauses most likely to cause problems later, and our guide to maximising lease and franchise agreement renewals covers timing and negotiation strategy for renewals specifically.
Buying a business with an existing lease
Retail leases are often assigned as part of a business sale, and the terms of that lease can materially affect what you are actually buying. Our article on buying a business in Queensland explains why lease due diligence should happen well before contracts are signed, not after.
If a dispute has already arisen
Lease disputes remain a common problem for Queensland businesses. Our guide to commercial lease disputes in Queensland walks through the dispute resolution pathway currently available to both landlords and tenants, including mediation and the Queensland Civil and Administrative Tribunal.
Why work with Bennett Carroll
Bennett Carroll has been advising Queensland landlords, tenants and business owners on commercial and retail leasing since 1974. Our solicitors are members of the Queensland Law Society, we settle electronically through PEXA, and we maintain strong connections within the REIQ network. Our team advises clients across South East Queensland by phone, video or in person, so distance from one of our offices is never a barrier to getting the right advice at the right time.
If you would like our view on how the review, or the Property Law Act 2023 (Qld), affects a lease you are negotiating, renewing or relying on, our Commercial & Business Law and Conveyancing & Property Law teams are here to help. Get in touch below to arrange a consultation.
Get in touch
Call us on 1300 334 566 or fill out the below form to arrange a consultation.
Bennett Carroll Solicitors has offices across South East Queensland:
- Brisbane North (Stafford)
- Brisbane South (Upper Mount Gravatt)
- Sunshine Coast (Birtinya)
- Gold Coast (Mermaid Beach)
- Ipswich (by appointment)
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Established 1974. QLS member solicitors. PEXA subscriber. REIQ network.
