Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the primary ground for possession is unpaid rent under section 91ZM of the Residential Tenancies Act 1997 (VIC). This fork focuses on the mechanics of the five-strikes rule, the cure procedure for Strikes 1 to 4, and the critical difference at Strike 5 where the cure right is lost.
Residential Tenancies List (or if interstate parties are involved).
The Process at a Glance: Confirm the renter is 14 or more days in arrears. Count how many section 91ZM notices have been validly served in the rolling 12-month period (the strike count). Serve the CAV Notice to Vacate with a 14-day termination date and the rent ledger attached. On the termination date, check the ledger: if the renter paid in full on or before that date and this is Strike 1 to 4, the notice is void and you cannot proceed to VCAT. If the renter did not pay, or this is Strike 5, file the VCAT application within 30 days.
Key Legislation and Case Law: Residential Tenancies Act 1997 (VIC) s 91ZM (rent arrears notice - 14 days if arrears of 14 days or more). The five-strikes rule: on Strikes 1 to 4, if the renter clears arrears on or before the termination date, the notice is voided and VCAT cannot be approached. At Strike 5 within a rolling 12-month period, the cure right ceases - the notice remains valid even if the renter pays the outstanding arrears before the termination date. VCAT application must be filed within 30 days of the notice expiry date. Registered post adds 5 business days plus public holidays to the notice period calculation under section 506(3).
* 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 Residential Tenancy - Possession and Compensation (Rental Provider) - Victoria - Rent Arrears Possession - Five-Strikes Rule (s 91ZM) 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 PROPERTY cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Establish the factual basis for the s 91ZM notice and apply the correct cure rules.
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.
Serve a valid s 91ZM notice that starts the cure window running.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Make the binary VCAT filing decision with full ledger evidence.
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.
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