Publications

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 your Queensland builder becomes insolvent, the first 48 hours are critical. This playbook provides a step-by-step protocol for developers to legally secure the construction site, assess whether termination rights are available, quarantine assets, and manage the arrival of the external administrator or liquidator to protect their project and minimise financial loss.

Discover how Queensland subcontractors can legally prove a contract using texts, emails, and site diaries. This guide explains how to use the BIF Act's rapid adjudication process to pursue payment, even without a formal signed document.

When a developer uses a project-specific company (SPV) that goes into liquidation, subcontractors are often left unpaid. This article explains the shadow director concept under Australian law and how, in an appropriate case involving insolvent trading, those behind the SPV may be exposed to liability despite the usual protection of limited liability.

Although greenwashing is not an express ASIC enforcement priority for 2026, ASIC has made clear it remains alert to serious misleading or deceptive sustainability-related conduct. Learn how Queensland property developers can market genuine sustainability features in investor-facing and high-risk commercial contexts without increasing regulatory, litigation or reputational risk.

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.

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.

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.

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.

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.

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.

A comprehensive guide to the QBCC's Excluded Individual policy for 2026. Learn what triggers a three-year or lifetime ban for directors after a company collapse, how to challenge a notice, and the steps to mitigate your risk.

A comprehensive guide to understanding and passing the QBCC's 'fit and proper person' test in 2026. Learn about the core assessment criteria, your absolute duty of disclosure, and your legal options for challenging a negative decision from the QBCC.

The Watson Report's findings on CFMEU corruption have created a perilous new legal landscape for QLD builders. This guide breaks down the threats from new AML laws, anti-corruption crackdowns, and mandatory reporting, providing a clear action plan for survival.

A comprehensive guide for Queensland contractors on understanding and managing time bar clauses (conditions precedent) in construction contracts. Learn about the risks of claim extinguishment, the interaction with the BIF Act, and proactive strategies to protect your payments and avoid disputes.

A comprehensive guide for builders and homeowners on understanding and navigating repudiation in Queensland construction contracts. Learn to identify a serious breach, follow the correct legal process for termination, and avoid the costly pitfalls of wrongful termination with insights into the roles of the QBCC and QCAT.

Discover how to use a Quantum Meruit claim in Queensland to secure fair payment for construction work when there's no valid contract. This guide covers the role of QCAT, evidence requirements, and alternatives like the BIF Act.

A comprehensive guide for builders and owners in Queensland on navigating the critical milestone of practical completion. Learn about contract clauses, the roles of certifiers and superintendents, managing defects, and resolving disputes with the QBCC and QCAT.

The doctrine of privity of contract can leave subcontractors unpaid and without recourse. This guide explains how Queensland's BIF Act provides a powerful exception, allowing you to bypass privity and secure payment. Learn how to protect your business with strong contracts and a clear understanding of your statutory rights.

A comprehensive 2026 guide to Queensland's Chain of Responsibility laws for non-conforming building products (NCBPs). Learn about your legal duties, the QBCC's powers, and how to protect your business in the construction supply chain.