Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10
2-2-21 / Rachel De Luchi — Building & Construction
Appeals of a primary judge’s decision setting aside an adjudicator’s decision purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (“the Act”), but beyond the time limit for the decision under the Act. The adjudicator held that Civil Contractors (Aust) Pty Ltd (“CCA”) should recover an adjudicated…
Queensland Building and Construction Commission v Buchanan [2020] QCATA
18-12-20 / Rachel De Luchi — Building & Construction
An appeal concerning the application of the excluded individual provisions in s 56AC of the Queensland Building and Construction Commission Act 1991 (Qld), where the Act was amended between the date of the QBCC's decision and the Tribunal's decision on review. The respondent was classified as a permanently excluded individual…
Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51
30-3-20 / Rachel De Luchi — Building & Construction
An application to set aside an adjudicator’s decision pursuant to the Building Industry Fairness (Security of Payment) Act 2017 (BIFA) on the basis that: (1) the decision was delivered by the adjudicator outside the period prescribed by the BIFA, and (2) the first respondent was not appropriately licenced to perform…
Lee Anthony Crocker v Queensland Building and Construction Commission [2020] QSC 24
4-3-20 / Matthew Hickey OAM KC, Rachel De Luchi — Building & Construction, Judicial Review & Administrative
Matthew Hickey and Rachel De Luchi appeared for the Queensland Building and Construction Commission (QBCC), in an application for judicial review of decisions taken by the QBCC in respect of claims made by homeowners under the statutory insurance scheme. Justice Jackson's reasons clarify aspects of to whom the QBCC is…
10-9-19 / Rachel De Luchi — Building & Construction
A challenge to the decision of the adjudicator on the basis of jurisdictional error in finding that the applicant had failed to provide a payment schedule, and whether there was jurisdictional error because the first respondent served two payment claims in relation to the same reference date. Rachel de Luchi…
