Fane v Queensland Building and Construction Commission

Fane brought a claim against the Queensland Building and Construction Commission for alleged defective building work carried out by a builder. The dispute centred on whether the defect was a 'category 1' or 'category 2' defect under the statutory insurance scheme, the period of cover for a 'category 2' defect, and the time period to claim if the defect was a 'category 1' defect. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The key legal issues were whether the defect was properly classified as a 'category 2' defect, whether the defect was within the period of cover, and whether the claim was made within the required time period if the defect was a 'category 1' defect. The court found that the defect was properly classified as a 'category 2' defect, as the homeowner had not provided independent expert evidence of the impact of the defect on structural integrity, function or safety. The court also found that the defect was not within the period of cover, as it was evident at least nine months after the period of cover. Furthermore, the court held that the Tribunal could not extend the period of cover, as the language of the clause was proscriptive and mandatory, and there was no provision to extend the time or exercise discretion. The court also found that the claim was made outside the required time period if the defect was a 'category 1' defect. The decision of the Queensland Building and Construction Commission dated 6 June 2016 to decline the claim under the statutory insurance scheme is confirmed.