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. Verify current guidelines on the official Queensland Legislation.
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.
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. Verify current guidelines on the official Queensland Legislation.
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.
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 Tenancy Dispute: 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.
Open the matter, assess urgency, and advise the tenant on their immediate rights and options.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Key protections against illegal eviction under RTRA Act 2008:
Immediately advise clients who are being threatened with forced removal (without QCAT orders) to contact QPS and the RTA's 24/7 hotline. Unlawful eviction is a serious offence under the Act and QCAT can grant urgent reinstatement orders within 24 hours in egregious cases.
An oral or implied tenancy agreement is still a valid tenancy under the Act. The tenant has the same statutory protections regardless of whether the agreement is in writing.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Common notice defects that invalidate eviction proceedings:
Complete mandatory RTA dispute resolution and obtain the NURD to enable QCAT filing.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft and file the QCAT application establishing the tenant's defence and counter-claims.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
If any defect is found, the lessor's entire eviction process may need to restart from scratch. A new valid Form 11 must be served before a new Form 12 can issue.
RTA dispute resolution is mandatory before QCAT for most residential tenancy disputes. The RTA conciliation service is free and confidential.
Exceptions where RTA conciliation can be bypassed and QCAT filed directly:
If the matter resolves at conciliation, no QCAT filing is required. If unresolved, the RTA issues a Notice of Unresolved Dispute (NURD). The NURD is required to access QCAT and should be filed with the QCAT application as a prerequisite document.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Conciliation settlement - any agreement reached at RTA conciliation that the parties wish to be enforceable should be recorded in a written tenancy agreement variation or a formal conciliation agreement through the RTA. A verbal agreement reached at conciliation is difficult to enforce at QCAT if the lessor later resiles from it.
Strategic use of conciliation: even where the tenant has strong defences, conciliation offers an opportunity to secure a better commercial outcome than QCAT (e.g., an extended vacate date, rent reduction, or withdrawal of the notice) without the stress and uncertainty of a tribunal hearing. QCAT proceedings in residential tenancy matters are typically heard within 4-8 weeks of filing; conciliation offers faster resolution.
QCAT counter-application allows the tenant to raise both defensive and offensive claims in the same proceeding. The counter-application can seek affirmative relief (e.g., rent reduction, compensation for breach of quiet enjoyment, repair orders) even if the tenant ultimately cannot defeat the eviction.
s236 RTRA Act 2008: the tenant can apply for an order requiring the lessor to carry out repairs. If the lessor has failed to maintain the premises, QCAT may reduce rent, order repairs, or award compensation.
Filing the counter-application triggers a right to a full hearing - it prevents QCAT from making default orders against the tenant.
Costs (s100-s102 QCAT Act 2009): QCAT is a 'no costs' jurisdiction by default. However, under s102, costs may be awarded where it is in the 'interests of justice', including where a party has acted unreasonably by failing to comply with QCAT orders, causing unnecessary adjournments, or conducting proceedings vexatiously. Seek a costs order only where the lessor's conduct clearly meets this threshold.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Form 49 fee waiver: QCAT will waive filing fees for applicants who hold a Centrelink Health Care Card, Pensioner Concession Card, or who can demonstrate financial hardship by providing bank statements showing insufficient funds. The Form 49 must be filed at the same time as the substantive application.
Timeline: the counter-application must be filed and served before the hearing date. Late filing may result in QCAT refusing to hear the counter-claims.
Service of QCAT documents: service must be effected in accordance with the QCAT Act 2009 and QCAT Rules. Service by email is generally acceptable where the other party has provided an email address for service.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Settlement before the hearing is often the best commercial outcome for tenants, particularly where:
QCAT has power to make consent orders that record a negotiated outcome, which are then enforceable as QCAT orders. A consent order provides more certainty than an informal agreement.