February 17, 2025
Another option for resolving construction disputes in Queensland is the Supreme Court. The final instalment of this article series will give an overview of what the Supreme Court can consider and will explain the BEC List Practice Direction.
About the Supreme Court
The Supreme Court is the highest level of court in Queensland. It comprises of the trial division and the Court of Appeal.
As identified in the first part of this article series, the trial division deals with civil disputes between people and organisations over money or property involving amounts greater than $750,000. Unlike a criminal case, a civil claim can be commenced and heard in the Supreme Court without first being heard in the Magistrates Court.
The Court of Appeal hears appeals from the trial division. A party to a case may appeal a Supreme Court decision on a range of different grounds. For example, a decision may be appealed if new evidence has come to light or a party to the case believes the judge has made an error of law, affecting the outcome.
What Happens at a Civil Trial?
Firstly, each party will present its case. The plaintiff (or applicant) will be first, and the defendant (or respondent) will follow.
Secondly, each party will call witnesses to support their case. The witnesses may be questioned by both sides.
Lastly, the judge will decide whether the case has been proven and will give a judgment. In a civil trial, a judge makes all the decisions, including orders that one party pay another or perform certain actions to rectify a problem. On occasion, a civil trial may be held with a jury of four people who can answer questions of fact put to them by the judge.
What can the court hear in relation to construction?
The Supreme Court has the jurisdiction to address various aspects of construction disputes, including:
- Claims for money – The court can hear debt recovery proceedings if a respondent has not paid the amount in a payment claim by the due date for the progress payment.
- Declarations – The court can make declarations based on originating applications. The court can grant declaratory relief.
- Applications for judicial review – An applicant can seek review of an administrative decision made by government agencies or local authorities and the Supreme Court can review whether the decision was made lawfully.
- Injunctions – A person or company can apply to the court for an injunction. The statutory basis for granting injunctions in the Queensland Supreme Court is primarily established under s 9 of the Civil Proceedings Act 2011 (Qld). The court can grant prohibitive injections to prevent an imminent or anticipated breach of contract or other wrongful acts; or they can grant interlocutory injunctions if the court decides such action is appropriate during any stage of proceedings.
- Claims under Federal legislation – A claimant can make a claim under some Federal legislation to the Supreme Court. The Jurisdiction of Courts (Cross-vesting) Act 1987 (the Act) enables this. For instance, under s 10 of the Act, matters arising under particular provisions of the Australian Consumer Law can be heard by the Supreme Court.
BEC List Practice Direction
People and organisations making a claim to the Supreme Court in relation to building, engineering and construction issues need to be aware of the Building, Engineering and Construction List (‘BEC List’).
The BEC List commenced operation on 4 March 2024 and was established in the Supreme Court’s Practice Direction Number 2 of 2024. The BEC List was created to improve the conduct of large and complex litigation about building, engineering and construction issues.
Essentially, the practice direction enables the Chief Justice, in consultation with the Senior Judge Administrator, to assign any one or more Judges to conduct and manage matters on the BEC List. A matter may be placed on the BEC List if it is of a nature and complexity warranting judicial supervision and the matter involves a substantial issue in respect of building, engineering or construction. Once a matter is on the BEC List and allocated to a BEC List Judge, the parties’ principal point of contact is that Judge’s associate, with all correspondence to be copied to the BEC List Manager.
The judges currently assigned to conduct and manage matters on the BEC List are Justice Frances Williams and Justice Tom Sullivan.
Lamont Project & Construction Lawyers
The Lamont Project & Construction Lawyers team has extensive knowledge and experience assisting with resolving construction disputes, whether that be by making a claim to a court or tribunal or an alternative dispute resolution. With this knowledge and expertise, Lamont Project & Construction Lawyers can provide the required support and advice to assist at any stage in the construction dispute resolution process.
If you would like to discuss any matters raised in this article as it relates to your specific circumstances, please contact Lamont Project & Construction Lawyers.
The content of this article is for information purposes only and does not discuss every important topic or matter of law, and it is not to be relied upon as legal advice. Specialist advice should be sought regarding your specific circumstances.
Contact: Peter Lamont or Ashleigh van Meurs
Email: [email protected] or [email protected]
Phone: (07) 3248 8500
Address: Level 2, 349 Coronation Drive, Milton Qld 4064
Postal Address: PO Box 1133, Milton Qld 4064