Queensland Consolidated Acts Queensland Consolidated Acts(1) If there is an application for a protection order (a protection application), or an application relating to an existing protection order (also a protection application), a person may make an application under the Residential Tenancies and Rooming Accommodation Act 2008, sections 245, 321 or 323, to the Magistrates Court dealing with the protection application instead of a small claims tribunal.
(2) Subsection (3) applies if an aggrieved or respondent makes a tenancy application to a small claims tribunal and a protection application has been made or is made under this Act to a Magistrates Court.
(3) The court may, on application of either the aggrieved or respondent and if the court considers it appropriate, order the tenancy application be removed to the court despite the Small Claims Tribunals Act 1973, section 17.
(4) If a tenancy application is dealt with by a Magistrates Court under this section, the procedures applicable to the tenancy application are the procedures under the Small Claims Tribunals Act 1973.
(5) Subsection (4) is subject to the court giving directions, before, or at any time during, the hearing of the tenancy application, about the way in which the court may exercise the powers of a small claims tribunal for a tenancy application or the service of documents for the tenancy application.
(6) An applicant for any of the following must give written notice to the lessor named in the tenancy application about the application and any adjournment of it--
(a) an application under the Residential Tenancies and Rooming Accommodation Act 2008, sections 245, 321 or 323 that, under subsection (1), is made to a Magistrates Court dealing with a protection application, instead of a small claims tribunal;
(b) an application under subsection (3) to a Magistrates Court to order a tenancy application to a small claims tribunal to be removed to the court.