Zhivkov v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Zhivkov v Queensland Building and Construction Commission  [2025] QCAT 387

PARTIES:

DIMITAR ZHIVKOV

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR370-24

MATTER TYPE:

General administrative review matters

DELIVERED ON:

8 October 2025

HEARING DATE:

Heard on the papers

HEARD AT:

Brisbane

DECISION OF:

Member McLean-Williams

ORDERS:

1.     The Tribunal affirms the decision under review dated 30 June 2025.

2. The Queensland Building and Construction Commission was entitled to deduct the insurance premium amount under s 68H(4)(a) of the Queensland Building and Construction Commission Act 1991 (Qld).

3.     The Respondent is to pay the Applicant $379.50 within 14 days of the date of these orders.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant sought external review of a decision in relation to the liability amount under the Home Warranty Insurance Scheme – substantial matters in dispute conceded by respondent – entitlement of respondent to require payment of premium by homeowner/applicant prior to entitlement to payment of claim under the Home Warrant Scheme – entitlement of applicant to costs

Queensland Building and Construction Commission Act 1991 (Qld), s 68A, s 68B, s 68H

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 21, 102

Limbu & Limbu v Austyle Building Pty Ltd [2023] QCAT 89

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

Background

1. On 23 June 2023 Dimitar Konstantinov Zhivkov (‘the Applicant’), entered into a fixed price contract with a QBCC-registered contractor “Cre8tive Construction Group Pty Ltd” (‘the Contractor’) for domestic building work, in the sum of $12,437.50.

2. In late June 2023, the Applicant paid a further 35% of the contract sum ($4,353) at the Contractor’s request (ostensibly for materials), in the expectation that site works would commence in the third week of July 2023.  However site works did not ever commence.

3. On 2 February 2024 the Contractor’s licence was cancelled, and on 1 March 2024 the Contractor went into liquidation.  

4. On 1 March 2024 the Applicant lodged a “Non-Completion” claim with the Respondent (‘QBCC’) under the statutory Home Warranty Scheme. 

5. On 8 March 2024 the QBCC declined the claim, on the basis the work was assessed by the QBCC not to be primary insurable work (‘original decision’).

6. On 28 March 2024 the Applicant applied to the QBCC for an internal review of the original decision. Pursuant to s 86C(3) of the Queensland Building and Construction Commission Act 1991 (Qld) (‘QBCC Act’), on 30 April 2024 the QBCC was deemed to have made a decision, confirming the original decision (‘reviewable decision’).

7. On 24 May 2024 the Applicant commenced an application to review in this Tribunal, pursuant to sections 86(1)(h), 86E, and 87 of the QBCC Act.

8. On 1 May 2025 the QBCC filed an application for directions. Amongst other things, the QBCC…