Administrative Reviews in QCAT
Malcolm has conducted a large number of administrative review matters in QCAT (and the CCT) – particularly on behalf of the QBCC. In doing so he has appeared at hearings against Counsel, solicitors and where the other party is self-represented.
As a result, he has been involved in review of licensing matters in relation to a number of the most significant building companies in Queensland.
Examples of administrative reviews are:
Suspensions & Cancelations
Malcolm has acted for the QBCC in a number of matters involving suspension and/or cancellation of a builder’s licence. Many matters relate to a decision that the Minimum Financial Requirements for licensing were not complied with or that the licensee was no longer considered a fit and proper person to hold a licence.
Name of Parties
T&M Buckley Pty Ltd t/as Shailer constructions v QBCCent
 QCAT 131
Cavalier Homes Brisbane Pty Ltd v QBCC
Eco Steel Homes Pty Ltd
Watermark Homes Pty Ltd
 QCAT 85
“Builder” v QBCC
 QCAT 238
NGE v QBCC
Other Licensing Decisions
Name of Parties
 QCAT 176
Archer v QBCC
Saunders v QBCC
Excluded Individual Reviews
Decisions as to whether or not a person should be categorised as an Excluded Individual pursuant to section 56AF of the Queensland Building Services Authority Act (“the Act”).
Following is a table of review hearings Malcolm has conducted as advocate in relation to this type of matter:
Permitted Individual Reviews
Decisions as to whether or not a person should be categorised as a Permitted Individual pursuant to section 56AD(1) of the Act, require an analysis of whether all reasonable steps were taken by the individual to prevent the coming into existence of the “Relevant Event” (i.e. a bankruptcy event or a corporate insolvency event).
Consequently, this means that the analysis required in a permitted individual review requires:
a. On occasion:
i. Review of the financial statements to determine if the cash flow and capitalisation of the company were managed appropriately;
ii. A review of the appropriateness of litigation undertaken;
iii. Consideration of compliance with director’s duties pursuant to the Corporations Act;
iv. Consideration of insolvency issues that arise pursuant to the Corporations Act; and
v. Whether there has been any phoenix activity;
b. In all cases, the proper application of the statutory test provided in section 56AD(8).
The following is a table of review hearings Malcolm has conducted as advocate in relation to this type of matter:
Whilst the above list indicates the hearings conducted, more important are the numerous other matters (far more in number than the hearings) in which the matter was resolved, through negotiation. This has enabled resolution of the correct result without the cost of hearing, either by withdrawal of the application or by agreement to change the decision.
Decisions regarding adequacy of Building Work
Malcolm has controlled many files for QBCC relating to decisions pursuant to section 72 of the Act, where upon a complaint from an owner of a property, the QBCC can decide to, or decide not to, issue a direction to the builder to rectify or complete that work.
Decisions regarding the Insurance Scheme
Malcolm has controlled many files for QBCC pursuant to the statutory insurance scheme set up by the Act including:
- Decisions regarding claims from owners; or
- The correct scope of works for rectification or completion.
Decisions regarding unsatisfactory conduct of various Trades & Professions
Malcolm has appeared as advocate in the following Tribunal reviews regarding the conduct of various trades and professions:
Name of Parties
 QCAT 353
Neller v QBCC
Berthelsen v QBCC
 QCAT 3
GJI Pty Ltd v QBCC; JKL v QBCC
 QCAT 480
Tracey v QBCC
17 December 2018
Lam v QBCC
Malcolm has acted in a number of appeals from administrative decisions. These appeals include: