Publications

A chained and padlocked fence with an 'Area Restricted' sign in the foreground, looking through to a construction worker and machinery on an unfinished building site.

The "Toxic Contract Quarantine": Restructuring, Insolvent Trading, and QBCC Excluded Individual Risks for Queensland Builders

For Queensland building companies trapped by legacy fixed-price contracts, executing a clean corporate pivot requires navigating overlapping liability frameworks. Understand how to manage insolvent trading risks, access Safe Harbour, and avoid the QBCC's three-year excluded individual ban.

John Merlo

41 minutes ago19 min read

A woman in a dark business suit stands at a boardroom table in a high-rise office overlooking the Brisbane city skyline and river at dusk, with a corporate structure diagram on the table showing a parent company connected to three subsidiaries, two of which are marked in red.

Shielding a Parent Company from Subsidiary Debt Under the Corporations Act

Discover the four key statutory defences and the safe harbour regime relevant to holding company exposure for subsidiary debts. This practical guide explains the law and outlines governance and documentation measures that may assist in managing insolvent trading risk in the construction industry.

John Merlo

19 hours ago16 min read

Two construction professionals reviewing architectural plans on an upper floor of a high-rise building under construction in Brisbane, with a tower crane, concrete formwork, steel reinforcement and the Brisbane River visible in the background at dusk.

Navigating D&C Novation in Queensland: Protecting the Architect’s Compliance Position Against Builder-Led Value Engineering

When a Queensland developer novates an architect's contract to a D&C builder demanding immediate value engineering, the legal landscape shifts dramatically. Learn how to separate pre-novation instructions from post-novation builder demands, protect your NCC compliance obligations, and safeguard your practice under Queensland's proportionate liability scheme.

John Merlo

1 day ago21 min read

A metaphorical visualization of business and construction risk. A large, rusty open bear trap is positioned directly on top of a 'JOINT VENTURE DEVELOPMENT AGREEMENT' notebook and rolled blueprints on a rustic desk. Next to the trap are several gold coins and an old calculator displaying '25%'. The background shows a busy high-rise building under construction (labeled 'DEV. PTY. LTD. RIVERWALK TOWERS') with construction workers, set against a distant city skyline under a dramatic, contrasting sky: heavy, dark storm clouds approach from the left while bright, warm sunlight breaks through on the right.

A Developer's Playbook for Defeating Unfair Default Interest Clauses in QLD

A developer's strategic playbook for challenging and defeating punitive default interest clauses in Queensland construction contracts. Learn how to use the penalty doctrine and new Unfair Contract Term laws, and what evidence you need to gather to protect your project from a financial ambush.

John Merlo

Mar 1313 min read

Aerial view of residential apartment buildings under construction alongside cleared development land with new road infrastructure in South-East Queensland at golden hour, illustrating the scale of Queensland's housing supply challenge.

Unlocking Stalled Developments: A Developer's Legal Toolkit for QLD's New Planning Reforms

A practical legal toolkit for Queensland property developers. Learn how to use the 2024 Housing Availability and Affordability Act (HAAPOLA) to unlock stalled projects, challenge council delays, and align your developments with new state priorities to gain a competitive advantage.

John Merlo

Mar 917 min read

A cinematic, photorealistic hero image taken at an early morning construction site in Brisbane, Australia. In the foreground, a builder wearing a plain hi-vis vest and hard hat with a serious expression holds a clipboard with a formal document stamped "DIRECTION TO RECTIFY". He looks towards a partially completed modern home with scaffolding and caution tape in the background. Golden sunlight filters through the site, creating dramatic rays. A silhouette of an inspector is visible in the mid-ground, taking notes. The composition leaves space on the right for the headline text "The QBCC Direction to Rectify: A Builder’s Complete 2026 Guide".

The QBCC Direction to Rectify: A Builder's Complete 2026 Guide

A comprehensive guide for Queensland builders on how to handle a QBCC Direction to Rectify. Learn about the process, your legal options for compliance or appeal, and the severe penalties for non-compliance.

John Merlo

Feb 1915 min read

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