The Applicant applied to set aside an adjudication decision issued pursuant to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the basis of jurisdictional error. The issue was whether section 42(1) of the Queensland Building and Construction Commission Act 1991 required a head civil works contractor to hold a building licence for all trades which were to be engaged under the head contract. That involved consideration of certain exceptions to the licensing requirements in the QBCC Act and Regulations, consideration of the role of sub-contractors in performing the head contract and the proper construction of the AS 4000-1997 contract.
Matthew Jones appeared for the first respondent, instructed by Butler McDermott.
The judgment is available here.