Your company could face forced liquidation over an unpaid debt of just $4,000. Did you know that? ASIC Form 519  plays a crucial role in the winding-up process if a company can't pay its debts. This document serves as a formal notice to ASIC of the company’s application for winding-up..  A creditor's statutory demand is a common way to trigger this process if a company fails to discharge debt that it owes. If the company does not pay the debt within twenty-one (21) days of re

Learn how to sue a company in Queensland with this step-by-step legal guide, covering claims, courts, procedures, and recovery strategies.

Finding out the time builders must fix defects in QLD is vital information for homeowners with construction issues. The timeframe changes greatly based on the defect type. Homeowners get up to 6 years and 6 months from completion to report structural defects. But non-structural defects need reporting within 12 months after the work is done. The stark contrast shows why Queensland's defects liability period matters so much. The Queensland Building and Construction Commission (

Construction projects are complex. They involve many parties, tight deadlines, and significant investments. When disputes arise, they can stall progress and drain resources. You need efficient strategies to resolve conflicts quickly and effectively. We’ll guide you through practical steps to manage and settle disputes in construction projects. These methods will help you protect your interests and keep your project on track. Understanding Construction Conflict Resolution Conf

What is a payment claim? Section 68 of the Building Industry Fairness (Security of Payment) Act 2017 ( BIF Act ) provides that a payment claim is a written document which: (a) identifies the construction work or related goods and services to which a progress payment relates; (b) states the amount (the claimed amount ) of the progress payment that the claimant claims is payable by the respondent; and (c) requests payment of the claimed amount; (d) includes the other informatio

ABC Glass was the respondent to an adjudication application in which an adjudicator decided it was liable to pay the claimant, Nik Nominees, a progress payment in the amount of $334,023.23. [1] ABC Glass applied to the Supreme Court for a declaration that the decision was void, together with an injunction restraining Nik Nominees from enforcing it, on the basis that there were two jurisdictional errors: (a) breach of natural justice by making a decision on the applicant’s su

Procon was the respondent to an adjudication application in which an adjudicator decided Procon was liable to pay the claimant, Hi-Cal, a progress payment in the amount of $13,699.25. [1] In arriving at his decision on jurisdiction, the adjudicator considered whether the payment claim before him was valid (as he was required to do), including by reference to whether there was an available reference date for it. But his finding on the existence and availability of a relevant

Who or what is an adjudicator under the BIF Act? An adjudicator under the BIF Act is an individual registered under chapter 5, part 2, division 2 as an adjudicator . [1] An individual becomes registered if they: (a) apply to the registrar for registration as an adjudicator, [2] (b) hold a requisite adjudication qualification, [3] (c) are a suitable person to be registered as an adjudicator having regard to their character, experience and other related matters [4] and (d) h

There are five basic and essential statutory requirements upon which the valid exercise of an adjudicator’s jurisdiction is conditioned upon. They are highlighted in Acciona Agua Australia Pty Ltd v Monadelphus Engineering Pty Ltd  [2020] QSC 133 at [32]-[42]. They are not otherwise expressly stated in the BIF Act. The first is the existence of a construction contract between the claimant and the respondent, to which the BIF Act applies: sections 64 and 70. The second is the

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) at section 64 defines a construction contract as meaning “ a contract, agreement or other arrangement under which 1 party undertakes to carry out construction work for, or to supply related goods and services to, another party ” (emphasis added). It is those features of undertaking  and either: (a) carry out construction work  or (b) supply related goods and services , to another party which make a contract,

A claimant who is dissatisfied with the decision of an adjudicator under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) ( BIF Act ) still has options to pursue payment of amounts not awarded by the adjudicator. These depend on whether or not the adjudicator decided they had jurisdiction to determine the application. Understanding the decision made by the adjudicator For an adjudicator to have the power (or "jurisdiction") to decide an adjudication appli

The two most common pitfalls of subcontractors’ charges are: incorrectly serving the notice of claim and failing to properly commence a proceeding to enforce it. In both cases, the charge fails; it either never attaches (BIF Act ss 122(9), 123(3), 124(3)) or it is extinguished (s 136(3)), and in almost all cases, it cannot be revived (s 118). Typically, there are three parties involved: the subcontractor, the contractor and the employer (often the principal).   To properly se

Litigants can usually amend their case as many times as they need, but when the case involves a subcontractor’s charge, it often cannot really be changed at all.   This is because one of the steps in the process of claiming a subcontractor’s charge is to properly commence a proceeding to enforce it, and that step needs to be taken entirely within one month after service of the notice of claim on the employer (BIF Act s 136(1)(a)(ii)), otherwise the charge is extinguished (BIF

In Taringa Property Group Pty Ltd v Kenik Pty Ltd [2024] QSC 327 , the Supreme Court of Queensland considered whether a principal could obtain a stay on the enforcement of an adjudication decision—despite owing $4.2M under the BIF Act. The default position is that there will not be a stay The Court confirmed that a stay should not be granted lightly, as it detracts from the primary purpose of the BIF Act: ensuring cash flow for contractors ([16]). The applicant bears a heavy

Practical steps to protect your position and recover money when insolvency hits. When a client or contractor becomes insolvent, the impact on your project or business can be immediate and severe. Payments may stop without warning, works may stall, and your legal rights can be lost if you don’t act quickly. In the construction and commercial sectors, insolvency is unfortunately common — and knowing what to do in the first 48 hours can make the difference between recovering fun