Under section 42 of the Queensland Building Services Authority Act 1991 a person must not carry out, or undertake to carry out, building work unless that person holds a contractor’s licence of the appropriate class.  “Building work” includes the provision of administration, advisory, management or supervisory services for building work.  The Act does not provide for a Superintendent class of licence.  Until recently, the question of whether a Superintendent is required to be licensed (whether this be despite the lack of a specific class of licence, or by falling within the ambit of a current class of builders licence) has never been judicially determined.

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Currently the Commercial and Consumer Tribunal (CCT) has jurisdiction to hear certain domestic and commercial building disputes.  In 2009, what we like to call the Super Tribunal will be created which is to be formally known as the Queensland Civil and Administrative Tribunal (QCAT).  The Queensland Government is to establish the QCAT to provide a single gateway to increase the community’s access to justice.

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Claimants Beware - Payment Claims Must Identify “Construction Work”

In Protectavale Pty Ltd v. K2K Pty Ltd, [2008] FCA 1248 the Federal Court of Australia considered the Victorian payment legislation and the provision of the Victorian Act which is equivalent to section 17 (2) of the Queensland Building and Construction Industry Payments Act 2004 which requires that a payment claim must “identify the construction work… to which the progress payment relates”.

The Court’s Reluctance to Stay Enforcement Warrants Obtained through Adjudication

RJ Neller Building P/L v Ainsworth [2008] QCA 397 (9 December 2008)

The Applicant (Ainsworth) was the owner of a residential property at Noosa Heads.  Ainsworth entered into a Queensland Master Builders Association Minor Works Contract with the Respondent (Neller) to carry out renovations to the property.  Ainsworth claimed that the works were defective and refused to make all payments claimed by Neller.

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