Schoch v Queensland Building and Construction Commission

In the Queensland Civil and Administrative Tribunal, Schoch v Queensland Building and Construction Commission was heard, where the applicant, Richard Leslie Schoch, sought final decisions in his favour before a full hearing. Schoch argued that the respondent, Queensland Building and Construction Commission (QBCC), caused him unnecessary disadvantage by filing material late, thus affecting his ability to prepare for the compulsory conference and potentially settle the matter. Both parties supported a grant of leave for legal representation in the proceeding GAR392-18, which was granted by the Tribunal.

The legal issues that the court needed to decide were whether the respondent caused unnecessary disadvantage to the applicant and whether the discretion under section 48 of the Queensland Civil and Administrative Tribunal Act 2009 should be exercised in Schoch's favour. The court examined the circumstances surrounding the late filing of material by QBCC and its impact on Schoch's preparation for the compulsory conference. The court also considered whether the delay in filing a witness statement by QBCC had persisted beyond the date set by the Tribunal.

The court concluded that, on balance, it was not necessary or appropriate to exercise the section 48 discretion in Schoch's favour. The court found that the late filing of material by QBCC did not significantly impact Schoch's ability to prepare for the compulsory conference or to settle the matter. The court also noted that other purposes of the compulsory conference, such as the identification and clarification of issues and the making of directions, were achieved. The court further found that the delay in filing a witness statement by QBCC should be treated as not having persisted beyond the date set by the Tribunal. Consequently, the applications for final decisions under section 48 were refused.

The final orders of the court were that both parties have leave to be legally represented in GAR392-18 and that the applications by Richard Leslie Schoch for final decisions in his favour under section 48 of the Queensland Civil and Administrative Tribunal Act 2009 were refused.