Administrative Law
June 16, 2017 12:30 PM | Posted by Petrina Macpherson and Hazal Gacka |
The Queensland Court of Appeal dismissed an application for leave to appeal a costs decision of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal because the decision was not an appealable decision under this Act. [read more]
May 29, 2017 4:27 PM | Posted by Michael Creedon and Ben Garvey |
The case confirms that an Act will not offend the presumption against retrospective operation if it has future consequences for events which had occurred before the enactment, provided that the Act does not otherwise alter any rights or liabilities which the law had defined by reference to past events. [read more]
April 19, 2017 2:53 PM | Posted by Richard Crawford and Steph Skevington |
This case affirms the High Court's decision in Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 53 (analysed in our Roundup of 2016 security of payment cases) and illustrates some of the difficulties that may arise in practice in applying the outcome of the Southern Han decision. [read more]
March 30, 2017 9:56 AM | Posted by Petrina Macpherson and Sarah Cahill |
The Queensland Court of Appeal set aside a lifetime ban imposed on a Queensland building certifier in favour of a five-year ban, despite repeat findings of professional misconduct and unsatisfactory conduct spanning over a decade, because the less severe order would sufficiently protect the public against the risk of further misconduct. [read more]
November 30, 2016 9:52 AM | Posted by Andrew Orford and Sarah Cahill |
This decision highlights the difference between a failure to consider a relevant contractual provision (which may constitute jurisdictional error) and an adjudicator's decision not to consider a time bar because of the operation of section 24(4) of the Building and Construction Industry Payments Act 2004 (Qld), which if erroneous would constitute an error within jurisdiction. [read more]
October 27, 2016 3:42 PM | Posted by Andrew Orford and Tom Ward |
The Supreme Court of Queensland has declared an adjudication determination made under the Building and Construction Industry Payments Act 2004 (Qld) void on the basis that the adjudicator decided the dispute on a basis for which neither party contended.  [read more]
September 26, 2016 12:53 PM | Posted by Petrina Macpherson and Sarah Cahill |
The Planning and Environment Court has upheld Brisbane City Council's decision to protect a pre-1947 residential building from demolition because, although altered, the house retains traditional character and contributes positively to the traditional character of the street. [read more]
September 16, 2016 12:21 PM | Posted by Michelle Knight and Richard Crawford |
A court may prevent enforcement of an adjudication determination where it established that the beneficiary of that determination is insolvent or at risk of going insolvent. [read more]
June 20, 2016 10:22 AM | Posted by Jennifer McVeigh and Anne Crittall |
Confirmation that an adjudicator's failure to include reasons for the decision will amount to jurisdictional error and invalidate that portion of the decision.  [read more]
June 1, 2016 3:41 PM | Posted by Matthew Yee |
Read the analysis of the recent decision of Taouk v Director General, NSW Fair Trading [2016] NSWCATOD 41. [read more]
December 2, 2015 2:41 PM | Posted by Andrew Orford and Luke Trimarchi |
The respondent to an adjudication decision under the Building and Construction Industry Payments Act 2004 (Qld) should not bear the risk that monies paid over may not be refunded where there is a prima face case a decision is void for jurisdictional error. [read more]
November 30, 2015 11:08 AM | Posted by Jennifer McVeigh and Lauren Crome |
Read our analysis of the Qld Court of Appeal decision in Ryan v Worthington [2015] QCA 201. [read more]
July 15, 2015 10:53 AM | Posted by Jennifer McVeigh and Madeleine McAfee |
Read our analysis of the Qld Court of Appeal decision in Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd [2015] QCA 114 [read more]
July 1, 2015 10:02 AM | Posted by Christian Camilleri |
Courts have the power to review adjudication determinations under the Victorian Security of Payment legislation where jurisdictional error exists.  A privative provision will not override the court's inherent power as a supervisory body. [read more]