Legal Project Management Plan & Checklist
Purpose: Welcome to the practitioner roadmap for managing commercial and retail lease disputes from the lessor perspective in Queensland. Designed explicitly for property litigators and commercial leasing solicitors, this guide covers processes under the Retail Shop Leases Act 1994 (QLD) and the new Property Law Act 2023.
Jurisdiction: This guide applies to disputes within Queensland, Australia, and proceedings before the Queensland Civil and Administrative Tribunal (QCAT) or Courts.
Governing Legislation: Property Law Act 2023 (QLD), Retail Shop Leases Act 1994 (QLD), .
Process at a Glance: Resolving a lease dispute requires strict adherence to statutory notice and mediation protocols. For landlords, the process involves: • auditing lease covenants • waiting the reasonable remedy period • referring retail disputes to mandatory mediation via QSBC • pursuing re-entry • forfeiture • or tribunal applications if unresolved. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* 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 REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the lease covenants, calculate precise rent or outgoing arrears, and confirm breach facts.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s 22A RSLA 1994 - landlord must give tenant an annual estimate of outgoings before each lease year.
s 22B RSLA 1994 - landlord must give tenant an audited statement of actual outgoings within 3 months of each lease year.
QCAT has jurisdiction for retail lease disputes up to $750,000.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
s 156 PLA 2023 - allows re-entry without notice where the lessor reasonably believes the premises are abandoned. This bypasses the Form 7 process entirely.
Draft and formally serve the Form 7 Notice to Remedy Breach on the tenant with proof of service.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Track the remedy period, evaluate tenant response, and inspect the premises for compliance.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under the PLA 2023, acceptance of rent after issuing a breach notice does not automatically waive the right to forfeiture. This is a significant change from the previous common law position.