Category Archives: Legal Case Notes

Security of Payment – How far down the chain does it apply?

In Capricorn Quarries Pty Ltd v Inline Communication Construction Pty Ltd [2012] QSC 388 the Supreme Court of Queensland considered whether particular activities undertaken in a quarry were ‘construction work’ or ‘related goods and services’ under the Building and Construction … Continue reading

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Case Note – When is a Builders Licence not a Builders Licence?

 Introduction It is a common battleground in adjudications taking place in Queensland under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) that issues relating to the licensing status of those that perform building work and the type or … Continue reading

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Mining site works can be subject to Security of Payment Act claims

Queensland and WA cases highlight mining site works can be subject to Security of Payment Act claims In three recent cases the Queensland and Western Australian Courts have adopted a broad interpretation of what work at mine sites is subject … Continue reading

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Case Note – What documents are required to be included with a Payment Schedule

Providing further materials in adjudication responses under the Building and Construction Industry Payments Act 2004 (Qld) February 2012 The recent Supreme Court of Queensland decision of Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] … Continue reading

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Termination of a Contract kills a Payment Claim in Queensland

A recent decision of the Supreme Court of Queensland has confirmed that a common provision in most Australian Standard construction contracts has the effect of excluding the operation of the security of payment scheme from contracts that have been terminated. … Continue reading

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The Definition of Mining under the BCIPA

A recent Supreme Court of Queensland decision demonstrates the importance for resources companies of understanding the role that security of payment legislation plays when carrying out mining-related construction works. In Queensland, the Building and Construction Industry Payments Act 2004 (BCIPA) … Continue reading

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Judgement Debts within the BCIPA

Statutory demand for judgement obtained under the Payments Act26 July 2007 We are often asked if a judgement debt is effective in collecting an adjudication decision? Is a judgement debt obtained in respect of a decision of an adjudicator sufficient … Continue reading

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