Queensland Building and Construction Commission v McMain

In the matter of Queensland Building and Construction Commission v McMain, the applicant, McMain, sought judicial review of a decision by the Queensland Civil and Administrative Tribunal (QCAT) to dismiss his application for review of a decision by the Queensland Building and Construction Commission (QBCC). The QBCC had declined to find that a building certifier was guilty of misconduct. McMain, who had raised the complaint against the certifier, was aggrieved by the QCAT decision and sought to appeal it.

The primary legal issue before the court was whether McMain had standing to apply for judicial review of the QCAT decision. The court had to determine if McMain's interest in the outcome of the QBCC's decision was sufficient to confer standing. The court also considered whether the QCAT had exercised its discretion to decline to hear the appeal appropriately.

The court found that McMain did not have standing to appeal the QCAT decision. It held that McMain's interest in the outcome of the QBCC's decision was not sufficient to confer standing for an appeal. The court found that the QCAT had appropriately exercised its discretion in declining to hear the appeal. It noted that the appeal was essentially a collateral attack on the QBCC's decision, which was not within the scope of the QCAT's jurisdiction. The court also found that the QCAT had correctly determined that there were no grounds for review of its earlier decision. The appeal was dismissed, and leave to appeal was granted. The parties were directed to exchange written submissions on costs and the Appeal Tribunal would decide any costs on the papers after all submissions had been received.