Leyden v N J Tierney Constructions Pty Ltd

Leyden v N J Tierney Constructions Pty Ltd involved a dispute over the quality of building work performed by N J Tierney Constructions Pty Ltd on a property owned by the applicant, Leyden. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary issue for the tribunal to determine was whether it had jurisdiction to hear the dispute under Section 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld). Specifically, the tribunal needed to assess whether the applicant had complied with the mandatory pre-proceedings process established by the Queensland Building and Construction Commission (QBCC) to attempt to resolve the dispute before filing an application with the tribunal.

In considering the jurisdictional question, the tribunal examined the QBCC's pre-proceedings process, which requires parties to attempt to resolve building disputes before seeking intervention from the tribunal. The tribunal found that the applicant had not complied with this process as required by law. The tribunal emphasised that adherence to the QBCC's process was a prerequisite for its jurisdiction under Section 77(2). Consequently, the tribunal concluded that it did not have jurisdiction to hear the application until the applicant had fulfilled the mandatory pre-proceedings process. The tribunal lifted the stay of the proceedings that had been imposed on 6 August 2015 and ordered the matter to be listed for a Compulsory Conference to facilitate the resolution of the dispute in accordance with the QBCC's process.