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The problem may seem simple...

... but the law rarely is

Who I act for: 

  • Contractors 

  • Homeowners 

  • Body Corporate Committees 

  • Building Industry Professionals 

  • Engineers and architects 

  • Suppliers 

 

I will service the entire of QLD. 

Building Disputes 

Emotions do run high in building disputes. I see it all the time.  

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If the building dispute involves your family home, or the place you live in it’s hard not to take the conflict personally when it affects you, your family and your home life. 

 

On the other hand', if you're a builder, you’re no doubt sick and tired of being dumped on and bullied and taken advantage of. 

 

I’ve seen both situations frequently. 

Building & Construction Matters I can help with 

Defective building work is something I deal with regularly.   

 

Defective building work claims can be very complicated. 

 

I know.  You may not think so…your matter is simple, the work is defective right?? 

 

Maybe.  

 

Then there is the law, the regulations, the codes, the tolerance guides… and human opinion. 

 

But I can help you to understand your legal rights and the time limits for making claims; 

 

I can help you gather technical evidence from experts to prove your claim; 

 

I can assist you in proving the reasonable cost of repair for defective building work; 

 

I can help you to prepare and file your claim in QCAT, or the Courts. 

 

And I can legally represent and support you through the entire legal process.  

Commercial building disputes  

If you are a builder, contractor, or sub-contractor or if the matter is a Commercial Building Dispute the effect on your ability to earn a living can be devastating.  

 

I am very experienced at managing building disputes.  

 

I help clients with HIA Building Contract disputes, QBCC Building Contracts disputes, Master Builder’s building contract disputes, and Australian Standard Contract Disputes – as well as boutique and oral and partly written and partly oral disputes year round. 

Legal advice on all QBCC  matters 

 I routinely represent clients against the QBCC .  

 

I can help you with:  

 

  • QBCC Licensing Issues;  

  • QBCC Internal Decision Reviews;  

  • External review of QBCC Reviews;  

  • QBCC Home Warranty Claims;  

  • QBCC Audits; and   

  • Throughout the QBCC Early Dispute Resolution Process.    

Building & Construction law for Body Corporate Committees  

I can assist Body Corporates with all building and Construction issues we including:  

 

  • Building contracts for Body Corporate building works or maintenance;  

  • Defective Building Work;  

  • Building disputes between the Body Corporate and trades or suppliers;  

  • QBCC and QCAT matters.  

What is defective building work??  

Defective building work means building work that is faulty or unsatisfactory, and includes, for example, work that:  

 

  1. does not comply with the Building Act 1975, Building Code of Australia or an applicable Australian Standard; and/or  

  2. involves the use of a manufactured product, and that product has been used, constructed or installed in a way that does not comply with the product manufacturer’s instructions.  

Non-structural defective building work  

Non-structural defective building work means defective building work (other than structural defective building work or residential construction work causing subsidence) that is faulty or unsatisfactory because:  

 

  1. it does not meet a reasonable standard of construction or finish expected of a competent holder of a contractor’s licence of the relevant class; or  

  2. it has caused a settling in period defect in a new building.

Structural defective building   

Structural defective building work means defective building work (other than residential construction work causing subsidence) that is faulty or unsatisfactory because it does one or more of the following:  

 

  1. adversely affects the structural performance of a building;  

  2. adversely affects the health or safety of persons residing in or occupying a building;  

  3. adversely affects the functional use of a building;  

  4. allows water penetration into a building.  

Subsidence  

Subsidence means foundation movement that causes footing or slab deflection or other damage to a residence or related roofed building beyond that allowed for in applicable Australian Standards, including AS2870 and AS3600.  

That’s my issue!!  

Ok, so you think something like the above is your issue?  

 

What now?  

 

The two most effective ways to have defective building work fixed, or receive compensation for the cost to fix the defective building work are: 

 

  1. As a first step you must ask the QBCC as the building industry regulator to direct the contractor to rectify the defective building work.  

  2. If that hasn’t worked out as you thought,  you’ll probably need to sue in QCAT or the Courts.  

Involving the QBCC  

As you might have imagined dealing with the regulator, the QBCC is not always easy.  

 

I can help you deal with the QBCC to make a complaint about defective building work.    

 

If it’s going to cost you a bunch to rectify the defective building work I will arrange expert reports setting out why the work is defective, what rectification works are necessary, how much that will cost, and then draft your complaint, and if necessary any proceedings  on your behalf.    

 

If the QBCC Early Dispute Resolution process is engaged I can attend the mediation with you to ensure that your legal rights are protected.    

 

In the event that QBCC decides not to direct the contractor to rectify the work I can assist you with the process of having that QBCC decision reviewed.  

Going to QCAT or the Courts  

So you want to go to QCAT or sue?  

 

Let’s go! I’ve got your back and I will lead from the front too.  

 

QCAT requires that before you file an Application to commence a Building Dispute you are required to participate in the QBCC Dispute Resolution process.   

 

I can help you with that process and prepare your QCAT Application for you.   

 

Once the Application is started in QCAT I will help you prepare your case by instructing building experts and preparing evidence and witness statements for you.   

 

I am very experienced in defective building work disputes and regularly assist clients in QCAT and the Courts.    

QBCC Internal Review Applications  

I honestly don’t know why the QBCC wastes resources and time with this.   

 

…Actually I do. They get it wrong. A lot.  

 

In fact, in my opinion, if the QBCC did their job correctly, the first time - you wouldn’t have to waste your time going through this process.  

 

But hang on! You still have to.   

 

That’s right. You must take this step before you can have the decision externally reviewed.  

 

Let me help you! I’ve had a range of decisions reversed and claims dropped for clients.  

 

QBCC Internal Review Applications must be made within 28 calendar days of the QBCC making a person affected by the decision aware of the decision.   

 

If you do make an application outside the time frame the QBCC may give you 3 days to provide reasons for the delay and if they do, a decision will be made by QBCC whether to accept your QBCC Internal Review Application.  

 

The QBCC Internal Review Application will be conducted by a QBCC Review Officer who was not involved in the original decision making process.  

 

If there is any advantage of a QBCC Internal Review it is that you may provide additional evidence that may not have been available to the original QBCC Decision maker.    

A few words of warning!  

  1. You ought to get advice before you go in without legal advice and blow this opportunity. It’s going to cost you to go to QCAT or court.  

  2. The QBCC Internal Review Officer has the power to advise other people affected by the QBCC Internal Review of your Internal Review Application.  The QBCC may provide a copy of your QBCC Internal Review Application and the evidence that you have provided to QBCC without your consent.    

  3. Why is this important??  

  4. Because you might weaken your chances at any external review or in future litigation by providing poorly prepared evidence or giving away legal privilege!!!  

  5. You can get yourself into a world of trouble in court in dozens of ways for example disclosing without prejudice material or waiving your legal privilege, or falsely accusing others of fraud!! (Yes I’ve seen it all done, it’s not good being on the bad side of an angry judge let me tell you).  

  6. Always remember you never get a second chance to make a first impression – some people start to lose as soon as they open their mouth (yes, I’ve seen it – don’t set yourself up for failure).  

 

I think it’s clear you need to get legal help.  

 

Give me a call today.  

 

If you take advantage of my experience:  

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  1. To prepare the evidence for your QBCC Internal Review I will preserve your legal rights;  

  2. You are probably much more likely to be successful;   

  3. If you are unsuccessful, the expert evidence and witness statements I prepare will be the foundation of the evidence used in your External Review in QCAT or any other Litigation; and  

  4. You won’t have given away legal privilege, or undermined your evidence.  

QCAT Review of a QBCC Decision  

What is QCAT?  

 

Quite simply, its like a court, but has a more defined range of issues it deals with.  

 

It’s meant to be cheaper, quicker  -  and not involve lawyers or costs!  

 

The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters.  

 

The tribunal’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions.  

 

As with most legal matters, you frequently will need, and are better to utilise  a lawyer however.  

 

You can also apply for costs.  

 

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What are costs?  

 

Simplistically – your costs in having run your matter, if successful.   

 

You can apply to QCAT for a review of a QBCC Decision, including a decision made by the QBCC Internal Review Unit.  Strict time limits apply to make an application.  

 

In a QCAT review application a member will review the QBCC Decision and make a finding.    

 

The QCAT has the power to hear all of the evidence and make a fresh decision.    

 

It is open for QCAT Member to confirm the original decision vary it or substitute it.  

 

Although QCAT does not always allow parties to be represented by lawyers, they typically do in any matter with legal or technical complexity such as administrative review matters like reviews of QBCC Decisions.  

Appealing a QCAT Decision  

So someone obtained a decision against you??  

 

I may be able to help you.  

 

The outcome of the appeal may:  

 

  • Confirm the decision  

  • Amend the decision  

  • Set aside the decision and hand down a new decision, or  

  • Set aside the decision and require the decision to be reconsidered by QCAT  

 

Decisions by the Queensland Civil and Administrative Tribunal (QCAT) are only able to be appealed in certain circumstances.   

 

There are particular decisions that can’t be appealed including:  

 

  • A default decision  

  • Decision to reopen a proceeding  

  • Decisions to accept or reject an application made by the Principal Registrar or a delegate  

  • A direction to accept or reject an application made by QCAT to the Principal Registrar  

 

The process of appeal will depend upon what the type of decision that was made is, as well as whether an error of fact or law or jurisdiction was made.  The categories of decisions include but are not limited to:  

 

  • Interim decisions;  

  • Final decisions made by a judicial member;  

  • Final decisions made by a non-judicial member;;  

  • The amount of costs awarded;  

  • Decisions as to whether to award costs or not rather than the amount of costs awarded.  

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Time Limits 

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The time limit for lodging an application to appeal against a QCAT decision is within 28 days of receiving written reasons for the decision.    

 

Failure to file your appeal in this time will allow QCAT to dismiss your application.

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Can I get an extension please????  

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Maybe.  

 

Under certain circumstances will an extension of time be granted.    

 

You better get that right though. I wouldn’t attempt that without a lawyers assistance.  

 

In order to apply for permission to appeal against a QCAT decision, we must lodge a Form 39 - Application for leave to appeal or appeal.  

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Effect on original QCAT decision  

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Just because you appeal, doesn’t mean the decision is stopped!  

 

However you may request that decision does not take effect until after the appeal application is decided (a ‘stay’ of the decision).   

 

You may or may not get lucky. Odds are not though. Here’s where you really need help.  

 

An application to do so must be lodged at the same time of lodging an appeal. To apply for a stay of the decision, we must lodge a Form 44 - Application to stay a decision.  

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Decision about the amount of costs awarded  

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Decisions about the amount of costs awarded must be appealed to the Court of Appeal.    

 

Decisions may only be appealed based upon questions of error of law.  (That means the law was wrongly applied).  

 

Appeals based upon facts will not be allowed.    

 

The Court of Appeal will only consider new evidence and facts in very limited circumstances upon approval of an application to do so.  

Need advice?  

I’d recommend it. Your rights and entitlements are valuable!  

Don’t risk acting on your own. Your problem may seem simple… but the law rarely is – and remember, the other side may get their costs if they win!   

 

Call me today for help all the way.  

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