Wright v Matthews

The case of Wright v Matthews involved the lessee of residential premises appealing a decision of the Tribunal to issue a termination order and a warrant of possession based on a Form 12 notice to leave without ground under the Residential Tenancies and Rooming Accommodation Act 2008. The dispute arose after the lessor issued a second Form 12 to the lessee within a ten-day grace period on the lease. The first Form 12, which provided for vacant possession later than two months after it was given, was filed after the specified handover date, while the second Form 12 provided for vacant possession earlier than two months after it was given. The central legal issues revolved around whether the second Form 12 should be treated as a notice to leave without ground, whether the Tribunal has the power to vary the length of notice for vacant possession pursuant to section 329 of the Act, and whether the Tribunal has the power to extend the time period for filing a notice pursuant to section 293 of the Act.

The Court examined the statutory provisions and the circumstances surrounding the issuance of the notices. It found that the second Form 12 was not a valid notice to leave without ground because it was issued within the grace period and provided for vacant possession earlier than two months after it was given. The Court also held that the Tribunal did not have the power to vary the length of notice for vacant possession or to extend the time period for filing a notice. Consequently, the Tribunal's decision to issue a termination order and a warrant of possession was set aside. The Court allowed the appeal and ordered that the termination order made by the Tribunal on 24 May 2022 and the warrant for possession issued on the same date be set aside. Additionally, the Court directed the Registry of the Tribunal to forward a sealed copy of the appeal's orders to the Officer in Charge, Rockhampton North Police Station, both via email and post.