Bourne v Queensland Building and Construction Commission

The case of Bourne v Queensland Building and Construction Commission involved a dispute between Ms Bourne and the Queensland Building and Construction Commission (QBCC) regarding the recovery of a debt. Ms Bourne, a former director of J & K Homes Pty Ltd, a building company, was liable for $200,000 owed to QBCC due to a statutory insurance scheme. QBCC initiated proceedings to recover the debt, and Ms Bourne sought judicial review of QBCC's decision to commence those proceedings. QBCC subsequently applied to dismiss Ms Bourne's judicial review application under section 48 of the Judicial Review Act 1991 (Qld).

The primary legal issue was whether the decision by QBCC to commence proceedings to recover the debt was judicially reviewable and whether it was an administrative decision made under an enactment. QBCC argued that its decision to claim the money from Ms Bourne was a procedural determination that did not confer, alter, or affect legal rights or obligations and, therefore, was not an administrative decision. The court had to determine whether the decision to institute proceedings was judicially reviewable under the Judicial Review Act.

The court examined the criteria for determining whether a decision is one of an administrative character made under an enactment, as established in Griffith University v Tang. The decision must be expressly or impliedly required or authorised by the enactment and must itself confer, alter, or otherwise affect legal rights or obligations. The court considered the submissions of both parties, including the argument that the decision to institute proceedings was not an "ultimate or operative determination" but rather procedural. The court found that the decision to institute proceedings was reviewable because it conferred a power not available under the general law and rendered lawful an act by QBCC that would otherwise be unlawful.

In conclusion, the court granted QBCC's application to dismiss Ms Bourne's judicial review application and dismissed Ms Bourne's originating application. The parties were to be heard regarding costs.