Legal Project Management Plan & Checklist
Use this fork when your tenant client in a retail lease has identified a dispute with the landlord - such as repair failures, outgoings audit defects, or a disagreement about lease terms - and the dispute must be referred to mandatory mediation with the Queensland Small Business Commissioner (QSBC) before any QCAT hearing can proceed. Open this fork as soon as the client instructs you to contest the landlord's position, whether or not a Form 7 has been received.
Jurisdiction: Queensland. Mandatory mediation is administered by the Queensland Small Business Commissioner (QSBC) at 1300 312 344. Mediation is free and typically scheduled within 4 to 6 weeks. Only after the QSBC issues a mediation certificate (or if a party fails to attend) may a QCAT application be filed. There are no further forks from this plan.
The Process at a Glance: The practitioner identifies all tenant grievances against the landlord, including repair failures, outgoings disclosures defects, unlawful ratchet clauses, and any lease covenant disputes. A dispute notice is lodged online with the QSBC, describing the nature of the dispute. The QSBC schedules a mediation conference, which is free and typically attended by the parties without legal representation unless QCAT leave is obtained. If the mediation resolves the dispute, a written settlement agreement is drafted and executed. If mediation fails or a party does not attend, the QSBC issues a mediator's certificate. Armed with the certificate, a QCAT Form 33 Dispute Notice is filed and QCAT Form 56 is also filed if leave for legal representation is required. QCAT then determines the dispute on the merits.
Key Legislation and Case Law: Retail Shop Leases Act 1994 (QLD) - s22A (landlord must provide annual outgoings estimate before each outgoings period); s22B (landlord must provide audited outgoings statement within 3 months of each period end; a landlord who has not complied cannot enforce outgoings arrears); s43 (prohibited ratchet clauses in rent review mechanisms that prevent rent from decreasing on a market rent review are void); mandatory QSBC mediation is a statutory prerequisite for retail lease disputes before QCAT will accept an application - failure to mediate first may result in the QCAT application being dismissed. Property Law Act 2023 (QLD) - s154 (Form 7 requirements); repair covenants. QCAT Act 2009 (QLD) - QCAT jurisdiction for retail shop lease disputes up to ,000; QCAT Form 33 (Dispute Notice); QCAT Form 56 (application for leave for legal representation); filing fee approximately .40; QCAT is a bear-your-own-costs jurisdiction. QSBC dispute lodgement is available online at qsbc.qld.gov.au and by phone at 1300 312 344.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Commercial Lease Dispute (Lessee) - Retail Dispute Mediation Referral matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Evaluate landlord default grounds, check disclosures compliance, and draft the dispute notice.
Lodge QSBC dispute notice and arrange service on the landlord.
Represent the tenant at the mediation conference to seek a settlement or mediator certificate.
Finalise the matter following mediation - either execute settlement documents or file the QCAT application.
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