23

Apr

Tribunal 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 building contracts in Queensland.   In particular, […]

27

Mar

Government 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 virus. These amendments include a temporary extension[…]

Satisfied Engineer

12

Mar

Disputing 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, in the recent Supreme Court of Queensland[…]