Commercial Lease Dispute (Lessee) - Relief Against Forfeiture Application

The Process at a Glance: The practitioner urgently interviews the client to document the exact date, time, and method of the lock-out. The Form 7 notice (if one was served) is reviewed for defects - incorrect entity name, wrong arrears figure, or a remedy period that was not reasonable. If the landlord re-entered without a Form 7, the abandonment ground under the Property Law Act 2023 is assessed. Landlord outgoings compliance under the Retail Shop Leases Act 1994 (if applicable) is audited as a potential ground for withholding arrears. The client is instructed to deposit the outstanding arrears into the solicitor's trust account to demonstrate clean hands and financial capacity. An Originating Application with supporting affidavits is drafted for the Supreme Court, seeking urgent restoration of the lease. For retail leases, a concurrent QCAT Form 34 application is also filed. The application is filed and sealed copies are served on the landlord's solicitor. The matter is listed urgently before the Duty Judge.

Key Legislation and Case Law: Property Law Act 2023 (QLD) - s153 (Form 7 Notice to Remedy Breach requirements: approved form, nature and extent of the breach stated, a reasonable period to remedy; a lessor may re-enter for breach only after a notice that meets s 153); s156 (re-entry without notice for abandonment - landlord must have reasonable belief the premises are abandoned); relief against forfeiture is an equitable remedy and the court requires clean hands (willingness to comply) and proof that the breach was not wilful. s155 (acceptance of rent or another amount after a Form 7 is given does not operate as a waiver of the right to forfeit for the breach, subject to any agreement to the contrary); s160 (the lessee or a designated person may apply to the court, meaning the Supreme Court, for relief against forfeiture or proposed forfeiture; an application made in the lessor's possession proceeding must be made within 1 month after a re-entry under s 156 or s 157(2)(a), which the court may extend, or before an order for possession is made); s161 (the application is not an admission of the breach or of the right to forfeit); s162 (the court may make any order the nature of the case requires, including conditions). Retail Shop Leases Act 1994 (QLD) - s22A (annual outgoings estimate obligation); s22B (audited outgoings statement within 3 months of year end); if the landlord failed to comply, the tenant may have grounds to withhold outgoings and this failure supports the relief application. Uniform Civil Procedure Rules 1999 (QLD) - Originating Application form and urgent listing procedure. The power to grant relief under s 160 is given to the court, which the Act's dictionary (schedule 2) defines as the Supreme Court.

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This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.