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. A QCAT Form 2 Counter-Application is filed if the tenant wishes to raise disputes or seek orders. 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.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 185 (lessor's obligation to maintain property in good repair), s 277 (Form 11 Notice to Remedy Breach requirements and minimum 7 clear days), s 291 (retaliatory notice - lessor must not issue a notice to leave in response to a tenant exercising a lawful right, such as requesting repairs), s 327 (Form 12 Notice to Leave requirements, notice periods vary by breach type), s 343 (urgent termination on grounds of excessive hardship - tenant may apply directly to QCAT without the standard breach notice process); Queensland Civil and Administrative Tribunal Act 2009 (Qld). QCAT filing fees: verify current schedule at www.qcat.qld.gov.au. Notice period for Form 11 (Notice to Remedy Breach): minimum 7 clear days from the date of service. Notice period for Form 12 (Notice to Leave): depends on the type of breach - rent arrears 7 days, other breaches 14 days. A day is not a clear day if it is the day of service or the day by which the notice expires.
* 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: (a) Incorrect clear days calculation - the 7 clear days excludes both the day of service and the day of expiry (b) Inaccurate arrears amount - even a discrepancy of cents can render a Form 11 invalid (c) Wrong prescribed form used (e.g., using a general tenancy form for rooming accommodation) (d) Service not properly effected under s534 RTRA Act 2008 (e) Notice served before the statutory threshold was met (e.g., Form 11 for rent arrears served before the 8th day)
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.