Negligence claims in domestic building disputes

An earlier article by Dundas Lawyers Gold Coast Pty Ltd looked at the need for domestic building contracts to confirm with the provisions of either section 13 or 14 (as the case may be) of Schedule 1B to the Queensland Building and Construction Commission Act (Qld) 1991 (QBCC Act) in order for a party to be able to enforce the contract.  In summary, if a domestic building contract does not comply with the requirements of the QBCC Act, it is not enforceable.

While non-compliance more commonly creates difficulties for a builder trying to recover money claimed for building work performed, homeowners can also encounter difficulties when confronted with incomplete or defective building work performed under a non-compliant contract, as illustrated in the case of Cerda v Jacob [2020] QCATA 57 (Cerda).   [Read more…]

Terminating a domestic building contract

Entering into a domestic building work contract is like getting married – if both parties do not act in good faith the ensuing divorce can be very messy.  While Part 5 of the Queensland Building and Construction Commission Act 1991 (Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide assistance to consumers of domestic building work, earlier articles by Dundas Lawyers have illustrated the pitfalls associated with trying to get out of a domestic building work marriage. [Read more…]

Claiming delay due to COVID-19? Think again.

In the current pandemic parties to legal proceedings may be tempted to apply for an adjournment or further time, citing COVID-19 as the reason for the delay.  Certainly the Federal Court of Australia has been quick to respond to the pandemic by changing its procedures and has even conducted entire trials using Microsoft Teams.  This article discusses the circumstances where COVID-19 has been used as justification for a delay in proceeding and the Court’s view on granting stays for this reason. [Read more…]

Evidence from the Wayback Machine

The utility of evidence relating to the existence of websites on the internet and their contents sourced from the Wayback Machine is increasingly being considered by Australian Courts.   The question is whether or not the Courts will accept reports from the Wayback Machine in practice and if so what will they allow? [Read more…]

Building disputes and arbitration clauses

Building dispute litigation before a Court or tribunal, like any other form of commercial litigation, can be a stressful, time-consuming and costly process.  Commercial building contracts commonly include alternative dispute resolution mechanisms, such as arbitration, as an option to formal litigation in anticipation it will more efficiently resolve any dispute. [Read more…]

Particulars – their importance in civil litigation

In civil litigation, the term ‘particulars’ is frequently used.  The term particulars stems from the ordinary meaning of the noun, ‘particular,’ that being, ‘a detail’.  Despite this rather simple meaning, what exactly a particular is seems to be a subject of some confusion even amongst the legal profession.  This confusion is likely caused by the blurred line between pleaded facts and particulars. [Read more…]

Relief for companies during COVID-19

On 24 March 2020, the Federal Government passed the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (Act).  As a part of the Act, insolvency and corporations laws have been temporarily amended in light of the financial challenges businesses are facing in the wake of COVID-19.  The changes made are intended to avoid unnecessary insolvencies and bankruptcies by providing a safety net for companies and their directors during the pandemic.  This article will discuss the key changes. [Read more…]

The new business as usual in 2020!

It’s perhaps an understatement to say that the last two (2) months for Australian business has been unprecedented.  How can any business plan adequately consider and cater for a global pandemic and mass business shutdowns?  Extraordinary seems to be the new business as usual (BAU) in 2020! [Read more…]

QBCC Home Warranty Insurance Claims – part 2

Part 5 of the Queensland Building and Construction Commission Act 1991 (the Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work for loss associated with work that is defective or not completed. [Read more…]

BIF payment claims and the QBCC ACT – part 1

Two of the most important pieces of Queensland legislation impacting upon the building and construction industry are the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the Building Industry Fairness (Security of Payment) Act 2017 (BIF). [Read more…]

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