QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.96Certain minor commercial building disputes may be expedited
Start here
Get a plain-English read of sec.96
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sec.96 Certain minor commercial building disputes may be expedited
The tribunal may conduct an expedited hearing for a minor commercial building dispute between a subcontractor and another person if—
neither the claim nor any counterclaim exceeds $10,000; and
the dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and
the subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that—
the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and
a claim for payment payable under the contract has been given to the other person by the subcontractor; and
the amount claimed by the subcontractor has not been paid by the other person; and
no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.
A hearing under this section may proceed only if the subcontractor has given the other person a copy of the application and all documents filed by the subcontractor at least 5 days before the hearing.
s 96 prev s 96 amd 1994 No. 20 s 28
om 2000 No. 10 s 183 sch 1
pres s 96 ins 2003 No. 30 s 169 sch 1
amd 2007 No. 47 s 73
(sec.96-ssec.1) The tribunal may conduct an expedited hearing for a minor commercial building dispute between a subcontractor and another person if— neither the claim nor any counterclaim exceeds $10,000; and the dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and the subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that— the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and a claim for payment payable under the contract has been given to the other person by the subcontractor; and the amount claimed by the subcontractor has not been paid by the other person; and no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.
(sec.96-ssec.2) A hearing under this section may proceed only if the subcontractor has given the other person a copy of the application and all documents filed by the subcontractor at least 5 days before the hearing.
- (a) neither the claim nor any counterclaim exceeds $10,000; and
- (b) the dispute relates only to a claim for moneys owing by a person to the subcontractor for tribunal work completed by the subcontractor under a written contract; and
- (c) the subcontractor files an application for an expedited hearing, a copy of the contract and an affidavit by the subcontractor stating that— (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and (iii) the amount claimed by the subcontractor has not been paid by the other person; and (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.
- (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and
- (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and
- (iii) the amount claimed by the subcontractor has not been paid by the other person; and
- (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.
- (i) the tribunal work under the contract has been completed by the subcontractor to the standard required under the contract; and
- (ii) a claim for payment payable under the contract has been given to the other person by the subcontractor; and
- (iii) the amount claimed by the subcontractor has not been paid by the other person; and
- (iv) no complaint about the tribunal work under the contract has been made to the subcontractor by the other person.