Excluded Individual provisions of the QBCC Act: Potential for grave injustice

  Under Queensland’s strict building licensing regime, the Queensland Building and Construction Commission (“QBCC”) may exclude an individual or a company from holding a QBCC licence for a period of 3 years if the person or company connected to the person is involved in a relevant bankruptcy or insolvency event. If under the regime an…

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Avoiding payments under the QBCC’s statutory insurance scheme when payments made in error

If a builder (or director of a builder) is able to establish that a payment made by the Queensland Building Construction Commission (QBCC) under the statutory insurance scheme was paid out in error, they may avoid liability to the QBCC to have those amounts recovered against them. Examples may be a payment which is in…

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Have you been issued with a direction to rectify by the QBCC?

Defences in QBCC recovery proceedings for payments made under the statutory insurance scheme The statutory insurance scheme Part 5 of the Queensland Building and Construction Commission Act 19911(the Act) establishes a statutory insurance scheme (also known as the Queensland Home Warranty Scheme) that provides cover for certain residential construction work valued at more than $3,300.00.…

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