Harmonisation of retail tenancies and related commercial leasing
12 November 2026
On 22 October 2026, the Law Council of Australia provided a submission to Treasury’s consultation paper Harmonisation of retail tenancies and related commercial leasing. Treasury’s consultation forms part of the broader National Competition Policy reform agenda and seeks views on possible reforms to improve consistency across State and Territory retail tenancy frameworks. In some jurisdictions, this includes related commercial leasing settings where retail and commercial protections extend beyond a narrow retail-only model.
The submission was informed by contributions from the Law Society of New South Wales, the Queensland Law Society, the Law Society of South Australia, the Law Institute of Victoria and the Australian Property Law Group and the Australian Environment and Planning Law Group of our Legal Practice Section.
The Law Council submission highlighted that greater consistency could reduce complexity and compliance costs, particularly for parties operating across jurisdictions, but warned that harmonisation should deliver substantive improvements rather than be pursued for its own sake. The Law Council also noted that the benefits of harmonisation will vary and reform should remain responsive to the needs of small and medium-sized landlords and tenants. Areas identified for greater consistency and alignment include legislative coverage, disclosure, lease and renewal requirements, rent review, outgoings, assignment and dispute resolution.
The Law Council noted that a model law with a national minimum baseline is likely to be the most workable approach, while allowing appropriate jurisdictional flexibility. Careful implementation and governance will be essential, including workable transitional arrangements and mechanisms to maintain consistency over time.
The Law Council submission expressed a desire to be further engaged as the consultation progresses.
Last Updated on 10/11/2026