Understanding Interim/Injunction Orders in Lease Disputes
Navigating conflicts over your retail shop lease isn’t just challenging—it’s often time-sensitive. For urgent issues that demand immediate attention, knowing how to secure an interim/injunction order from the Queensland Civil and Administrative Tribunal’s (QCAT) can be a business lifesaver.
What is an Interim/Injunction Order?
Before a retail shop lease dispute is mediated with the Queensland Small Business Commissioner (QSBC) or considered further by QCAT, if a situation emerges that requires urgent action, QCAT can make an interim/injunction order. An interim/injunction order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final QCAT decision can be effective.
The most common instances of applications for an interim/injunction order we hear of at the QSBC are when a tenant is given a Form 7 Notice to Remedy Breach to pay rent arrears owing or else be locked out by the landlord.
Interim/injunction orders are temporary measures that prevent harm or disadvantage during a dispute. However, they are not typically granted merely to delay consequences, like needing extra time to pay overdue rent, especially when there is no dispute over the debt. Seeking such an order without a legitimate dispute may not be successful.
It Is Complex - Seek Legal Advice
Both landlords and tenants should seek tailored legal advice from a professional as you approach these complex matters to ensure the decisions you make are well-informed and in alignment with Queensland law.
In certain circumstances lessors may lawfully lock out tenants from commercial and retail premises. However, failure to strictly comply with the requirements of the Property Law Act 1974 and the requirements in the lease when issuing a Form 7 Notice to Remedy Breach can result in the notice being deemed invalid. This could expose a landlord to potential liability for damages.
Language matters
Be sure to ask for legal advice on an “application for an interim/injunction order at QCAT”. We are aware of circumstances where a tenant has used the words “getting an injunction” when seeking legal advice and this has caused some confusion. An “injunction” is applied for through a court and is a different process to an interim/injunction order from QCAT.
What is involved in making an Interim/Injunction Order?
An interim/injunction order firstly involves you providing accurate details of the parties involved. You then detail what the order is you are asking for. For example, you might ask for an order:
- to prevent a party from engaging in specific activities (e.g. prevent the landlord locking out the tenant, changing the locks, selling the food and wine or other goods or assets in the premises);
- that requires require a party to perform specific actions, often to rectify a situation or prevent further damage (e.g. for the landlord to present the ledger as evidence that the amount of arrears are correct or to remove locks that have been changed).
- maintain the current situation until the case is resolved (e.g. an order to keep the amount of rent due the same until a dispute over the calculation of rent or rent increase is resolved)
- to prevent a party from breaching a contract (e.g. an order that the landlord and tenant must follow an agreement previously made for a payment plan to catch up on arrears if either party has reneged on that agreement)
You must also ensure you clearly set out in your application why an interim/injunction order should be granted with supporting evidence. For example, you might consider seeking an interim/injunction order if:
- There is a dispute over the alleged breaches: If there is disagreement over the what the landlord is claiming you need to fix (remedy), outline the details of these in the application for interim/injunction order (e.g. you both disagree over the amount of rent in arrears, or you claim there were conditions of the lease not being met by the landlord (commonly maintenance or repairs clauses)).
- You think there is an error with a breach notice: If you believe a breach noticed issued to you was incorrectly served, invalid, unfounded, or unjustified or there was insufficient time provided to remedy the breach, outline in the application for interim/injunction order the details of the error.
- A previous agreement has not been upheld: If you believe there was an agreement which you upheld but the landlord didn’t, detail this in the application.
How to Apply for an Interim/Injunction Order
Whether you have commenced a dispute with the QSBC, or your dispute is with QCAT for further determination, you must make the interim/injunction application directly to QCAT for determination.
The process to apply for interim/injunction orders is set out on the QCAT website.
To access the application form and instructions please select the square tile ‘application for interim/injunction orders’ at the bottom of this page: Retail shop lease disputes | Queensland Civil and Administrative Tribunal.
The QSBC recommends that parties seek legal advice to ensure their application is lodged correctly, helping to avoid any potential delays.
To discuss your situation, and get connected with people that can help, reach out to our Assistance team.
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Understanding Interim/Injunction Orders in Lease Disputes
Navigating conflicts over your retail shop lease isn’t just challenging—it’s often time-sensitive. For urgent issues that demand immediate attention, knowing how to secure an interim/injunction order from the Queensland Civil and Administrative Tribunal’s (QCAT) can be a business lifesaver.
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