23
AprTribunal confirms that a Domestic Regulated Contract that is not in writing, dated and signed has no effect
Clarke v Queensland Building and Construction Commission [2020] QCAT 88 It is surprising the number of matters we see where builders have not complied with their obligations under Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) which regulates the content and form of domestic […]
09
AprAn Adjudicator’s Perspective – 5 Tips for the Preparation of Adjudication Applications and Responses
Our Director, Aleisha MacKenzie, recently shared in a webinar 5 tips for the preparation of adjudication applications and responses under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). These tips are drawn from Aleisha’s experience as a construction lawyer and an adjudicator, having decided over 50 adjudication[…]
27
MarGovernment offers short term relief from statutory demands and bankruptcy notices, but not from BIFA or the QBCC
In light of the COVID-19 coronavirus pandemic, the Australian Government has proposed the Coronavirus Economic Response Package Omnibus Bill 2020 (Bill). The Bill aims to assist Australians cope with the pandemic’s widespread impact by providing for a range of measures to lessen the economic and financial burden caused by the[…]
20
Mar5 Important Things to be Aware About a Subcontractors’ Charge
A subcontractors’ charge (Charge) given under the Building Industry Fairness (Security of Payments) Act 2017 (BIF Act) provides a way for subcontractors to secure payment of amounts owed to them under a contract by someone who is higher in the contractual chain. A Charge can also attach to security held[…]
16
MarCOVID-19 and its Potential Effect on Building and Construction Contracts
With the current health concerns and disruption brought by the COVID-19 coronavirus pandemic, there is significant uncertainty on how this will affect the building and construction industry as a whole. Before we begin to feel the full effect of lockdowns and quarantines here in Queensland, you should take the time[…]
12
MarDisputing Debt Recovery Actions Commenced by the Queensland Building and Construction Commission: A Rare Story of Success
Traditionally, builders have had little success in defending debt recovery actions brought by the Queensland Building and Construction Commission (QBCC), on the basis that the QBCC’s ability to recover money paid under the Queensland Home Warranty Scheme (QHWS) is a statutory right once the QBCC pays an insurance claim. However,[…]
