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Act Commercial Tenancies (COVID-19 Response) Act 2020 (s 25 This Act is repealed at the end of the period of 12 months following the end of the emergency period)
Act Description An Act to respond to the impact of the COVID-19 pandemic on certain commercial tenancies, and for related purposes. s 25 This Act is repealed at the end of the period of 12 months following the end of the emergency period.
Section/subsection of Act s 16(1) Application for a determination of a dispute
Nature of Application s 16(1) A party to a dispute may apply to the Tribunal to have the dispute determined by the Tribunal. s 16(2) The application must be made during the emergency period unless the Commissioner has issued a certificate under s 19 in respect of the dispute. s 16(4) An application in respect of the dispute cannot be made to the Tribunal under s 16(1) unless (a) none of the parties to the dispute has made a request to the Commissioner under s 18 in respect of the dispute and the parties agree that the application can be made; or (b) the Commissioner has issued a certificate under s 19 in respect of the dispute. s 16(5) Subsection (4) does not apply to a dispute that is of a class prescribed by regulations for the purposes of this subsection.
Person who may be applicant or referring person A party to the lease.
Where leave to apply required
Time limits for lodging and capacity to extend The application must be made during the emergency period. s 16(6) A copy of an application under subsection (1) that is required to be given under the State Administrative Tribunal Act 2004 s 45(1) must be given in such manner and at such time (if any) as are prescribed by regulations for the purposes of this subsection. SAT Rules 2004 rule 9: An application is to be made within 28 days of - (a) the day on which the decision-maker gives a notice under the SAT Act s 20(1); (b) the day on which the decision-maker makes the decision under the SAT Act s 20(5); or (c) if, under the SAT Act s 3(3)(a), the SAT Act applies as if a person had made a decision, the day on which any decision is taken to have been made has effect.
Documents that must be submitted with this application A copy of the lease and any notices and documents issued during the COVID-19 emergency period by the parties to the lease.
Lodgment fee No fee payable.
Effect of application on decision/order subject to review s 25 The application must be made during the emergency period.
Service/Notice of Application (on Respondent/Required Party) SAT Act s 45: (1) The applicant has to give a copy of the application to - (a) each other party; (b) any other person entitled under the SAT Act or the enabling Act to a copy of, or notice of, the application; and (c) any person to whom the applicant is directed by the SAT to give a copy of the application. (2) The applicant does not have to give a copy of the application to a notifiable person if - (a) the executive officer has given or undertaken to give a copy of the application to the notifiable person; (b) under s 45(3) the SAT dispenses with the requirement to give a copy of the application to the notifiable person; or (c) the rules exempt the person from the requirement to give a copy of the application to the notifiable person. See SAT Rules for how service is to be effected.
Special representation rules
Former adjudicator

Important Notes About This Application

Please see Practice Note 2 - Review Proceedings. Please also note that where you provide an email address on your application form, that address will be used as an address for service unless you advise SAT otherwise.
Notes to applicant: (1) You are required to serve a copy of your application on - (a) each other party; (b) any other person entitled to a copy; and (c) any other person the SAT directs you to give a copy to. (2) If you are required to file any supporting documents, they must be filed with your application. Note to respondent - You will receive notice from SAT of a first directions hearing or when SAT will direct what steps must be undertaken.