Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the comprehensive legal practitioner roadmap for defending a tenant against eviction in Queensland. Designed explicitly for tenant lawyers, legal aid advocates, and tenant advisory services, this guide outlines the defence options and processes under the Residential Tenancies and Rooming Accommodation Act 2008 (QLD). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to residential tenancy disputes in Queensland, Australia, and proceedings within the Queensland Civil and Administrative Tribunal (QCAT).
The Process at a Glance: Defending a tenant requires auditing the lessor's breach notices and notice periods. Many evictions fail due to notice period calculation errors (e.g. not providing 7 clear days for a Form 11). The process involves:, reviewing the ledger, checking maintenance records, drafting a Form 11 Counter-Application outlining defence grounds such as notice invalidity, lessor retaliation (s291), or outstanding repairs. This guide walks you through drafting defences, preparing evidence bundles, and representing the lessee at to prevent eviction or secure extensions of time.
* 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.
Evaluate the lessor's notices, check ledger alignment, and determine valid defence arguments.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Common notice defects that invalidate eviction proceedings:
If any defect is found, the lessor's entire eviction process may need to restart from scratch.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s291 RTRA Act 2008 (Retaliatory Eviction) - a lessor must not issue a notice to leave or apply to QCAT in retaliation for the tenant exercising their rights (e.g., requesting repairs, contacting the RTA, applying for a dispute resolution). If the tenant lodged a repair request or RTA complaint within the preceding 6 months and the lessor subsequently issued eviction notices, a presumption of retaliation arises.
The onus then shifts to the lessor to prove the eviction is not retaliatory. This is a powerful defence that can result in the entire application being dismissed.
Draft and file a Form 11 Counter-Application establishing the tenant's defence and counter-claims.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Compile all emails, photos, and rent receipts into a cohesive defence bundle.
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.
QCAT Form 11 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.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
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.