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In the courts

March 11, 2019

Directions to Rectify and Unfairness: The Queensland Civil and Administrative Tribunal (QCAT) recently heard an administrative review application by a builder who sought to review a decision by the QBCC to direct the builder to rectify works. For a majority of the matters reviewed by the Tribunal it was found that it would be ‘unfair’, given the particular circumstances, for a Direction to have been issued. You can read the case in full. Read more. Luscombe v Queensland Building and Construction Commission [2019] QCAT 13

Fit & Proper Person (Licensing Application): In this case QCAT case the Tribunal considered the circumstances where a licensee made false declarations about prior criminal convictions on their QBCC licence application and the individual and corporate licences were cancelled. QCAT found that found that the QBCC made the incorrect decision in the first instance. Read more about this case. Berthelsen & Anor v Queensland Building and Construction Commission [2018] QCAT 400

Building Contract: This case looks at building work and breaches of statutory warranty by the builder. You can read the case here: Makarenko v Page [2018] QCAT 143