Legal Project Management Plan & Checklist
Use this plan when your client is a residential tenant in Queensland who has received a Notice to Leave (Form 12) or is otherwise facing eviction proceedings and needs to defend their right to remain in the property. Open this plan immediately: tenant defences are often time-critical because many evictions fail on procedural grounds (incorrect notice periods, incorrect forms, or missing clear days), and these defences must be identified and documented before the QCAT hearing. This plan is designed for tenant advocates, legal aid lawyers, and community legal centre practitioners.
This plan applies to residential tenancy disputes in Queensland under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), with proceedings before the Queensland Civil and Administrative Tribunal (QCAT). One fork extends the plan: a tenant application for termination based on excessive hardship under s 343 of the Act (Fork A), which allows the tenant to seek urgent lease termination in circumstances such as job loss, serious illness, or domestic violence.
On receiving instructions, the practitioner audits all breach notices and notices to leave received by the tenant for procedural compliance: incorrect form numbers, insufficient notice periods, missing details, or service by an invalid method. The tenancy ledger is reviewed in full for any rent payment errors. Outstanding maintenance and repair requests are identified, including any that may constitute a failure by the lessor to maintain the property in good repair under s 185 of the Act, which can support a retaliatory eviction defence under s 291. Where RTA dispute resolution is mandatory, a Form 16 application is lodged first, and the Notice of Unresolved Dispute (NURD) is obtained before proceeding to QCAT. A QCAT Form 2 application or counter-application is filed. Defence grounds are documented: notice invalidity, arrears dispute, outstanding repairs, or lessor retaliation. An evidence bundle is prepared including the tenancy agreement, ledger printout, repair request records, and photographs. The practitioner attends the QCAT hearing and argues the defence. Post-hearing, bond claims, compliance with orders, and any appeal options are managed.
Use this fork when your tenant client has experienced an unforeseen and severe personal, financial, or family circumstance that makes continuing the tenancy impossible, and they wish to terminate the lease early without incurring break-lease liability. Circumstances that may qualify include sudden loss of employment, severe physical or mental illness requiring relocation or hospitalisation, a family member's death that requires the tenant to relocate, or domestic and family violence requiring the tenant to leave the property urgently. Section 343 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) allows the tenant to apply directly to QCAT for an urgent termination order without going through the standard Form 11 and Form 12 breach notice process.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 185 (lessor's obligation to maintain property in good repair), s 246A (retaliatory action - residential tenancies, inserted 1 October 2022 by Housing Legislation Amendment Act 2021), s 277 (Form 11 Notice to Remedy Breach requirements and minimum 7 clear days), s 291 (retaliatory notice to leave), s 327 (Form 12 Notice to Leave requirements), s 343 (urgent termination on grounds of excessive hardship); Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 100 (no costs order default), s 102 (costs in interests of justice), s 142 (appeal within 28 days). Retaliatory action case law: De Bruyne v Ray White Waterford [2020] QCATA 113 (retaliatory action requires a clear causal link between the tenant's exercise of rights and the adverse action; mere poor relations insufficient). Notice period for Form 11: minimum 7 clear days from date of service. Form 12 periods: rent arrears 7 days, other breaches 14 days. Clear days excludes both the day of service and the expiry day.
* 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 Eviction (Lessee) 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.
| 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 |
Evaluate the lessor's notices, check ledger alignment, and determine valid defence arguments.
Complete mandatory RTA dispute resolution and obtain the NURD to enable QCAT filing.
Draft and file the QCAT application establishing the tenant's defence and counter-claims.
Compile all emails, photos, and rent receipts into a cohesive defence bundle.
Represent the tenant at QCAT and secure favourable orders or an extension of time to vacate.
Coordinate compliance with the QCAT order, key handover, or structured transition out of the lease.
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