Publications

The Fair Work Commission's new emergency fuel cost recovery orders can capture parties within a road transport contractual chain, which may include Queensland head contractors where the specific contractual structure of their project confirms they are a primary party. This article explains how unrecoverable transport surcharges on fixed-price projects may trigger critical QBCC minimum financial requirement breaches and outlines the strategic decision journey between injecting

When a commercial lease expires but the tenant remains in occupation, landlords cannot simply change the locks. Evicting a holding over tenant requires strict adherence to statutory notice periods under Queensland law, including serving formal notices to remedy breach and managing the risks of accepting ongoing rent payments.

When a body corporate is served with interrogatories in Queensland civil litigation, the legal costs to draft sworn responses can rapidly escalate. This article explores how committees can evaluate their statutory spending authority, make reasonable inquiries to satisfy "body corporate knowledge," and use UCPR rule 233 objections to block oppressive questions. Failure to answer sufficiently may expose the body corporate to direct court orders, making early strategic advice cr

When a builder launches a BIF Act adjudication claiming an architectural design was unbuildable, identifying a missing file in their served application can provide a fatal jurisdictional defence. Learn how strict compliance with section 79(4) protects Queensland Principals and design professionals from unauthorised site deviation claims.

When a multimillion-dollar cladding demand lands, your "no design responsibility" clause may not protect your QBCC licence from an MFR failure. Learn your exposure.

When an EPC contractor blames AEMO curtailment or grid constraints for a renewable energy asset's performance shortfall, developers must urgently untangle technical defects from external force majeure. This guide details how Queensland project owners can enforce performance liquidated damages, navigate statutory limitation periods, and leverage QBCC rectification powers against evasive contractors.

Before agreeing to a commercial make-good settlement for your Queensland laydown yard, understand why paying a landlord may not extinguish your statutory pipeline decommissioning duties or your General Environmental Duty.

Unilaterally withdrawing supplied workers from a non-compliant host site may trigger repudiatory breach risks if standard termination clauses violate the Australian Consumer Law unfair contract terms regime. Failing to rapidly terminate a host engaged in illegal practices can enliven the Section 24 licence cancellation pathway — triggered via a Section 23 show cause notice — as breaching the Section 28 compliance condition may cause the regulator to determine you are no longe

When a Queensland property developer receives a default notice from a senior lender, the critical first step is deciding whether to challenge technical defects under the Property Law Act 2023 or negotiate a structured forbearance deed. This guide explores the statutory 30-day remedy period, the stringent equitable hurdles of seeking an injunction, and the mortgagee's duty to take reasonable care to sell the site at market value.

When an upstream contractor withholds a BESS progress payment, the cash flow collapse can trigger a commercial mortgage default on your primary warehouse. This article explains how Queensland integration businesses can leverage a promptly lodged BIF Act adjudication application to compel the release of funds and negotiate a standstill agreement with commercial lenders, within the strict 30-day remedy period under the Property Law Act 1974 (Qld).

When a Queensland labour hire provider is served with a non-party disclosure notice regarding a host dispute, broad compliance can inadvertently expose their own classification practices to regulatory scrutiny. Learn how to deploy a formal seven-day objection to halt document production, protect commercial data, and recover reasonable administrative costs.

If you have received a default notice on an active Queensland development site, understanding how to leverage the complexity of incomplete construction is critical. Learn the differences between the 30-day statutory notice period and immediate GSA receivership, and discover how to negotiate a standstill agreement to retain project control.

Adjudication under Queensland's Building Industry Fairness (Security of Payment) Act 2017 is a fast, statutory process for resolving construction payment disputes. This guide covers every stage — from making a valid payment claim and serving a compliant payment schedule, through to adjudication applications, the adjudicator's decision, enforcement, and judicial review — with practical guidance on the strict deadlines, service rules, and procedural traps that can determine the

When unexpected fire safety or accessibility upgrades disrupt a Queensland commercial landlord's accounting cycle, passing those costs onto retail tenants requires careful navigation of the Retail Shop Leases Act 1994. Standard lease clauses often fail to protect landlords from statutory exclusions regarding capital expenditure. Discover how to correctly classify upgrade costs, defend your outgoings estimate against formal tenant audits, and avoid critical procedural errors w

When a defect is identified right before practical completion and the subcontractor refuses to fix it, head contractors face a dangerous intersection of regulatory exposure and payment disputes. This guide breaks down how to manage the QBCC site inspection, navigate the 35-day compliance window, and structure defect notices that may preserve your right to back-charge without undermining your position under the BIF Act.

When a civil subcontractor abandons the site due to missed payroll, head contractors face a critical 15-business-day window to secure the works and draft a compliant BIF Act payment schedule. Failing to properly quantify take-out costs and formalise deductions can convert the disputed progress claim into a strict statutory debt, stripping the head contractor of their ability to defend the matter at adjudication.

A post-DLP defect notice from an EPC contractor does not automatically result in liability. While the Limitation of Actions Act 1974 (Qld) allows breach of contract claims for up to six years, civil BoP contractors may defend against QBCC rectification directions using strict statutory timeframes or latent condition pivoting strategies.

Proceeding with owner-requested changes without written approval may severely limit your recovery rights under Schedule 1B of the QBCC Act. This guide breaks down the legal consequences of unwritten variations, the strict 15-day BIF Act payment schedule trap, and how the Australian Consumer Law impacts standard form building contracts in Queensland.

When a remedial builder executes an unapproved variation and demands payment, Queensland body corporate committees must carefully navigate strict statutory spending limits under the BCCM Act. Discover how to respond to threats of site abandonment, manage the builder's restitutionary quantum meruit claims, and avoid unlawful expenditure approvals.

When a head contractor stalls on battery installation progress payments and faces insolvency, Queensland integrators must strategically elect between BIF Act adjudication and a subcontractors' charge. Learn how section 200 voids delay tactics and how to freeze developer funds.