Geocon Constructors (ACT) Pty Ltd ACN 163 299 769 v Construction Occupations Registrar (Administrative Review)

Geocon Constructors (ACT) Pty Ltd ACN 163 299 769 (the applicant) brought an application for interim or other orders against the Construction Occupations Registrar (the respondent). The application was supported by an affidavit of Geoffrey Shaw, dated 13 February 2025, and written submissions prepared by Mr Buckland of counsel, dated 13 February 2025. The applicant seeks orders for the party joined to provide or facilitate access to 122 individually owned units and 11 areas that are common property. The applicant argues that it requires access to the premises to determine whether the defects identified in a rectification order exist. The applicant also seeks orders to stay the rectification order until further order, for the respondent to file and serve a comprehensive list of defects, and for the applicant to have until 30 May 2025 to file and serve its lay and expert evidence. The Tribunal heard the application on 20 February 2025. The Tribunal orders that the stay of the rectification order is continued until further order. The party joined must make all necessary arrangements for the applicant’s nominated experts to have unrestricted access to all parts of the common property on 5, 6 and 7 March 2025 and, if required, between 13 and 19 March 2025, including those days and the weekend. The party joined must also make all necessary arrangements for the applicant’s nominated experts to have access to the relevant parts of the residential units on stated days between 13 and 19 March 2025. The applicant must file and serve all of the material on which it intends to rely by 16 April 2025. The application is listed for directions on Tuesday, 29 April 2025 at 9:30 am. The parties have liberty to apply on 24 hours’ notice in writing, except in the week commencing Monday, 21 April 2025.

The Tribunal identified several key issues for decision. These included whether the applicant provided the construction service to which each sub-category of defects listed in schedule 3 of the rectification order relates, whether the construction service was provided otherwise than in accordance with the Constructions Occupations (Licensing) Act 2004, and whether it is appropriate to make a rectification order considering mandatory considerations. The Tribunal also considered the scope and timing of the applicant’s expert evidence. The Tribunal did not accept the agreed position of the parties that the respondent should file and serve a comprehensive list of defects and that the applicant should have until 30 May 2025 to file and serve its lay and expert evidence. The Tribunal proposed that the applicant should have until 16 April 2025 to file and serve all of the material on which it intends to rely. The application is listed for directions on Tuesday, 29 April 2025 at 9:30 am.