publications monitor Winter 2006 Building & Construction Industry Payments Act (BCIPA) | Building & Construction Industry Payments Act (BCIPA) |
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Teething problems still exist in Queensland's BCIPA. Brisbane's Magistrates Court is proving to be a difficult jurisdiction to run BCIPA matters, particularly default claims under Section 19 of the Act. An appeal is proceeding in the District Court in Brisbane, with cause for some optimism as this Court has issued at least two successful judgments for claimants. Meanwhile hopes for consistent legislation across Australia are fading due to changes to Victoria's legislation. Rather than follow New South Wales and Queensland, the Victorian model is more restrictive and excludes disputed variations where the contract provides a mechanism for determining whether there is an entitlement to be paid for a variation. This change was made to avoid adjudication becoming a defacto process for resolving major disputes. For further information please contact Tony Mylne on (07) 3292 9715 or This Email address is being protected from spam bots, you need JavaScript enabled to view it
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