Francis v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Francis v Queensland Building and Construction Commission [2024] QCAT 360

PARTIES:

LEANNE JUNE PATRICIA FRANCIS

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR314-24

MATTER TYPE:

General administrative review matters

DELIVERED ON:

26 August 2024

HEARING DATES:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Lumb

ORDERS:

The time for filing the Application to review a decision is extended to 7 May 2024.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether the application for an extension of time should be granted.

Queensland Building and Construction Commission Act 1991 (Qld), s 86C
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 33, s 61

Anderson-Barr v Queensland Building and Construction Commission [2018] QCAT 438
Cardillo v Queensland Building Services Authority [2011] QCAT 574
Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2018] QCATA 70
Jensen v Queensland Building and Construction Commission [2017] QCAT 232

Pavlovic v Queensland Building and Construction Commission [2020] QCAT 128

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

Introduction

1. On 7 May 2024, the Applicant filed in the Tribunal:

   (a)an Application to review a decision (‘the Review Application’); and

   (b)an Application to extend or shorten a time limit or for waiver of compliance with procedural requirement (‘the EOT Application’).

2. On 17 October 2023, the Respondent (‘the QBCC’) decided to decline an insurance claim by the Applicant (under the statutory insurance scheme established under the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’)) (‘the original decision’).

3. On 14 November 2023, the Applicant applied for an internal review of the original decision.

4. The QBCC did not make a decision in consequence of the internal review application within the 28 day period specified under s 86C(2) of the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’) (or any extended period). Consequently, by operation of s 86C(3) of the QBCC Act, the internal reviewer was taken to have made an internal review decision that was the same as the original decision.

5. Accordingly, on 15 December 2023, the QBCC made a decision to decline the Applicant’s insurance claim (‘the Review Decision’). The Review Decision was notified to the Applicant by correspondence sent on 18 December 2023.[1]

   [1]Review Application, Part B.

6. By the Review Application, the Applicant applies to review the Review Decision.

   The merits of the EOT Application

7. By operation of s 33(3) and s 33(4) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘the QCAT Act’), the Applicant was required to file the Review Application within 28 days after the day the Applicant was notified of the Review Decision. The Review Application was…