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In the courts

April 08, 2019

Directions to Rectify (technical standards):

The Queensland Civil and Administrative Tribunal (QCAT) recently heard an administrative review application by a home owner who was reviewing a decision by the QBCC not to issue a direction to rectify. On a number of matters QCAT agreed with the home owner and amended QBCCs original decision. You can read the case in full. Read more: Lawless v Queensland Building and Construction Commission [2019] QCAT 32

Direction to Rectify (subsequent home owners):

This case looked at a review by a builder who built a house. A subsequent owner purchased the house with a reduction in price for defects. The main dispute was whether a reduction in purchase price was a reason for a builder to not receive a direction to rectify. You can read the case in full. Read more Instyle Homes Qld Pty Ltd v Queensland Building and Construction Commission [2018] QCAT 289

Minimum Financial requirements:

In this case the QBCC had suspended a trade contractor’s licence for breaching the minimum financial requirements (MFR). This case concerned whether or not QCAT would grant a stay on QBCCs decision to suspend the contractor’s licence until a full hearing was held into the matter. You can read the case in full. Read more The Licensee v Queensland Building and Construction Commission [2019] QCAT 031

Direction to rectify - Access to property:

This case concerned whether or not QCAT would allow a contractor access to a home owners property to make an assessment of whether works were defective (as the builder had received a direction to rectify from the QBCC). QCAT decided they did not have this power and even if they did it would not grant it if the contractor had had a previous opportunity to attend site. This case highlights why it is very important for contractors to attend any site inspections attended by QBCC. You can read the case in full. Read more Romark Design Constructions Pty Ltd v Queensland Building and Construction Commission [2018] QCAT 455