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ARTICLE · 11 FEBRUARY 2014

Mining leases are subject to BCIPA & no middle ground for jurisdictional error

Clayton Utz
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In December 2013 the Queensland Court of Appeal overturned two important, controversial BCIPA decisions of lower courts.

AustraliaReal Estate and Construction
Catherine Parry
Catherine Parry
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Key Points:

In December 2013 the Queensland Court of Appeal overturned two important, controversial BCIPA decisions of lower courts.

The Queensland Court of Appeal's pre-Christmas reversal of two primary judge decisions handed down in 2013 will provide certainty on two fronts:

  • construction work on Queensland mining leases ARE subject to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) (J&D Rigging Pty Ltd v Agripower Australia Ltd [2013] QCA 406); and
  • an adjudication determination found by a court to be affected by jurisdictional error has no legal effect, so ALL amounts paid pursuant to the void adjudication must be repaid - not simply that part found to be in error (BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd [2013] QCA 394).

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