July 7, 2026
Welcome to the July edition of Projects & Construction Monthly.
This edition addresses:
- Recent Construction News;
- Case Summary: Rainmont Pty Ltd (in liquidation) v Seymour Whyte Constructions Pty Ltd [2026] QSC 125;
- LPC Lawyers’ recently published article ‘Alternative Dispute Resolution: Knowing When to Mediate and When to Arbitrate’; and
- Opportunities to join the LPC Lawyers’ team.
Recent Construction News
Early Works Begin at Victoria Park
On 1 June 2026, initial works began at Victoria Park in preparation for the delivery of the new Brisbane Stadium.
Design work and the Early Contractor Involvement process for the project are currently in full swing.
The initial works will focus on ongoing site investigations, early enabling works, demolition of some existing infrastructure and establishing construction areas on the Herston side of the park.
The bulk of the earthworks are set to commence from late 2026 to early 2027.
After holding the opening and closing ceremonies and athletics at the 2032 Olympic and Paralympic Games, the Stadium will become Brisbane’s primary stadium for sports and entertainment.
Construction Advances at Sunshine Coast Airport
Construction of the Sunshine Coast Airport’s new arrivals precinct and baggage claim area has made major progress, with the concrete slab and structural framing now complete.
The next phase of construction will include exterior cladding and internal fit outs.
The works on the arrivals precinct and baggage claim area are expected to be complete later this year.
This construction is part of a $170 million project to redevelop the Sunshine Coast Airport terminal, which will also include new boarding gates and expanded retail, food and beverage areas.
Works Set to Begin on Bruce Highway
Construction will commence soon on a $12.5 million upgrade of the Bruce Highway and Buxton Road intersection at Isis River, south of Bundaberg.
The project involves the construction of dedicated right and left-turn lanes into Buxton Road and a local service station.
The upgrade is expected to improve traffic flow along the Bruce Highway by separating through and turning vehicles, helping reduce the risk of rear-end crashes. The project will also improve accessibility for nearby property owners.
This is one of the final projects being completed under the $1 billion Bruce Highway Safety Package, jointly funded by the Australian and Queensland governments.
Case Summary: Rainmont Pty Ltd (in liquidation) v Seymour Whyte Constructions Pty Ltd [2026] QSC 125
Facts
The judgment of Rainmont Pty Ltd (in liquidation) v Seymour Whyte Constructions Pty Ltd [2026] QSC 125 was handed down on 19 June 2026 by Freeburn J. The case concerns an application for security for costs, in the context of a complex and lengthy dispute between a subcontractor in liquidation (Rainmont) and a builder (Seymour Whyte).
Rainmont specialised in traffic sign construction and maintenance. It entered into six subcontracts with Seymour Whyte to perform works on various projects. Rainmont was placed into administration on 25 January 2016 and into liquidation on 1 March 2016.
Rainmont pursued claims against Seymour Whyte for payment for work done and the return of retention monies. Seymour Whyte defended the claims, relying on set-off rights and a limitation period defence.
There were significant procedural delays by both parties, including delays in progressing the claim after mediation and in delivering amended pleadings.
After Rainmont provided Seymour Whyte with initial security costs, Seymour Whyte applied for further security, arguing increased litigation costs and the risk of non-payment due to Rainmont’s liquidation status.
Issue
The key issues were whether Rainmont should be ordered to provide further security costs in the proceedings and how the discretionary factors under rule 672 of the Uniform Civil Procedure Rules 1999 (Qld) (‘UCPR’) should be balanced.
Decision
Freeburn J considered several factors in exercising discretion under rule 672 of the UCPR, including the merits of the claims and defences, delays in the proceedings, and the impact of further security orders on Rainmont’s ability to continue the litigation. His Honour held that:
- both the claims and the claimed set-offs appeared to be genuine;
- Rainmont commenced proceedings at the outer limits of the likely limitation period;
- whether an order for security is likely to stifle the progression of this proceeding is a discretionary factor that can be put aside;
- the conduct of both parties contributed to delays, with Seymour Whyte’s repeated focus on security for costs being a particular factor in delaying proceedings; and
- Rainmont made a reasonable offer of further security of $150,000 by way of indemnity by an insurer.
Freeburn J ultimately ordered that Rainmont provide further security for costs, but only in the amount of $150,000. In addition, the parties were ordered to make submissions on costs and the future timetable for the proceeding.
Read the full judgment here.
LPC Lawyers’ recently published article ‘Alternative Dispute Resolution: Knowing When to Mediate and When to Arbitrate’
Despite parties’ best intentions, there is always the potential for disputes to arise during the delivery of a Project. In order to mitigate the potential for disputes to evolve into lengthy (and public) litigation, parties may seek to enshrine specific dispute resolution approaches into a contract. LPC Lawyers’ recently published article explores potential consideration around potential resolution mechanisms and what parties should keep in mind during contract negotiations. Read more here.
LPC Lawyers’ Continued Expansion
LPC Lawyers is looking to hire with opportunities for growth in our expanding practice.
Litigation Lawyers (1-3 years PAE)
Working closely with an ex-top tier partner, this role is ideal for a candidate who is highly motivated and has experience in drafting correspondence, simple pleadings, briefs for Counsel, and some client advisory work.
For more information about our current opportunities visit our website here or to apply, please email your resume and cover letter to Jenna at Jenna@lpclawyers.com.