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ARTICLE · 09 AUGUST 2021

Galaxy Developments Pty Ltd - Time is of the essence

Ramsden Lawyers
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This case demonstrates why, under the BIF Act, adjudicators must make determinations within the legislative timeframe.

AustraliaReal Estate and Construction
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BACKGROUND

The recent case of Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10, demonstrates why, under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) ('BIF Act'), adjudicators must make their determinations within the legislative timeframe. The Court also reiterated the importance for businesses and contractors to ensure they are licensed to complete contracted works under the Queensland Building and Construction Commission Act 1991 (Qld) ('QBCC Act') and the Queensland Building and Construction Commission Act 2018 (Qld) ('QBCC Regulation').

In summary, Galaxy Developments Pty Ltd ('Galaxy Developments') and Civil Contractors (Aust) Pty Ltd ('Civil Contractors') entered a contract for earthworks valued at approximately $1.3 million; however, the relevant earthworks in dispute only related to a small portion of the works valued at $37,000 ('Works'). The Works

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