Legal Project Management Plan & Checklist
Use this plan when your client is a commercial or retail landlord in Queensland whose tenant has breached the lease and needs to serve a formal notice to remedy the breach, pursue forfeiture, or recover possession and outstanding arrears. Open this file before any notice is prepared - the plan begins with a lease audit and arrears calculation that must be done precisely before the Form 7 is issued. The plan is designed for solicitors acting for the lessor.
Jurisdiction: Queensland. Retail lease disputes require mandatory mediation through the Queensland Small Business Commissioner (QSBC) at 1300 312 344 before QCAT proceedings can be commenced. For non-retail commercial leases, direct QCAT application is available. QCAT has jurisdiction for disputes up to $750,000. One fork exists: Notice to Remedy Breach (Form 7) Eviction Track, which is a focused fast-track pathway for landlords whose primary goal is regaining possession.
The Process at a Glance: The practitioner audits the lease covenants, calculates the exact rent and outgoings arrears to the cent, verifies that outgoings were audited and disclosed annually in compliance with statutory requirements, confirms QCAT jurisdiction, and conducts title and PPSR searches. A Form 7 Notice to Remedy Breach is drafted using the prescribed form, stating the nature and extent of the breach, a reasonable period to remedy it and the lessor's intention to terminate if it is not remedied. The notice is served on the tenant and all designated persons (sub-tenants and mortgagees) with proof of service obtained by registered post or a process server's affidavit. The remedy period is monitored - the Act sets no fixed number of days, and the period stated must be reasonable having regard to the nature and extent of the breach and what the lessee must do to remedy it (s 153(2)). If the tenant does not remedy the breach within the period, and if the lease is a retail lease, mandatory QSBC mediation must be lodged before any QCAT or court action. If mediation fails or the lease is non-retail, peaceful re-entry may be executed with a commercial agent and locksmith, or a QCAT application for recovery of possession and debt is filed. Guarantors are pursued after judgment.
Use this fork when the landlord's primary goal is regaining possession of the premises as quickly as possible after an unremedied breach - rather than negotiating or seeking a repayment plan. Open this fork alongside the parent plan when the client instructs you to take the fastest available eviction pathway. This fork accelerates through the Form 7 service, remedy period monitoring, and peaceful re-entry sequence with a focus on efficiency and evidentiary compliance.
Key Legislation and Case Law: Property Law Act 2023 (QLD) - s153 (Form 7 Notice to Remedy Breach: approved form, nature and extent of the breach, a reasonable period to remedy, any reasonable compensation claimed and how it is calculated, and the lessor's intention to terminate if the breach is not remedied; the Act fixes no minimum number of days); s154 (copy of the notice to each designated person - guarantors, sublessees, mortgagees and receivers); s155 (acceptance of rent after a Form 7 is given does not operate as a waiver of the right to forfeit, subject to any agreement to the contrary). s156 (abandonment of premises - procedure for landlord taking possession where tenant has abandoned). Retail Shop Leases Act 1994 (QLD) - s22A (annual outgoings estimate to tenant before each lease year); s22B (audited outgoings statement within three months of each lease year); failure to comply may limit the landlord's ability to recover outgoings from the tenant. QSBC mandatory mediation: for retail leases, a dispute notice must be lodged with the QSBC before any QCAT or court proceedings are filed. QCAT jurisdiction: up to $750,000 for retail lease disputes under the Retail Shop Leases Act 1994. QCAT Act 2009 (QLD) - QCAT Form 56 for leave for legal representation; QCAT is generally a bear-your-own-costs jurisdiction. Peaceful re-entry: must be conducted during daylight hours with a commercial agent; premises must be photographed and an inventory taken; re-entry notice must be posted on the premises.
* 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 (Lessor) 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 Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Verify the lease covenants, calculate precise rent or outgoing arrears, and confirm breach facts.
Draft and formally serve the Form 7 Notice to Remedy Breach on the tenant with proof of service.
Track the remedy period, evaluate tenant response, and inspect the premises for compliance.
Participate in the mandatory QSBC mediation conference to negotiate settlement terms.
Execute peaceful re-entry or obtain an order for recovery of possession.
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