Lawyers Qld Pty Ltd

Lawyers Qld Pty Ltd
Lawyers Qld Pty Ltd
Law and Legal Service-BUNDALL, QLD
Law And Legal Service-Bundall, QLD
We act for Body Corporates, Home Owners, Business small and large as well as Building Contractors and suppliers to the Building and Construction Sector.
Level 9 Wyndham Building (Behind the Corporate Centre), Bundall, Qld, 4217.
Level 9 Wyndham Building (Behind the Corporate Cen..
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We act for Body Corporates, Home Owners, Business small and large as well as Building Contractors and suppliers to the Building and Construction Sector.

The Queensland Building Law Firm Lawyers Qld Pty Ltd service Brisbane, the Gold Coast and Regional QLD with legal advice on domestic building disputes. Lawyers Qld have been representing clients in domestic building disputes for many years and are one of Queensland's leading Building and Construction law firms. Lawyers Qld have acted in QCAT building disputes for large Corporations, Body Corporates large and small, Building Companies large and small, and individuals such as homeowners, builders, contractors and suppliers.

Queensland domestic building and construction disputes can be about defective building work, failure to pay progress payments, building contract variations, QBCC contractor licence issues, building work just taking too long to complete, or disputes about the price or scope of the building contract.

The reason that QCAT domestic building disputes occur is typically quite straightforward and can be attributed to (a) Breakdown in communication between the contractor and the homeowner (b) Complicated or poorly drafted building contracts (c) No building contract at all (d) One of the parties is simply being unreasonable.

We call these issues the "root cause of the dispute". When you start narrowing the issues down to the root causes the way to resolution of the domestic building dispute becomes much clearer.

Open the lines of communication in QCAT building disputes

It's better to open the lines of communication early than predict how a building dispute in QCAT will unfold. If you can't agree an acceptable outcome with the other side the outcome will be taken out of your hands and determined by QCAT and you might not like the final decision! For someone to win - someone must lose -that is a certainty.

We can be your line of communication to the other side.

In terms of the root cause of the dispute it is paramount that a line of communication be established - even if the cause is that the other side is being unreasonable. This is because their unreasonableness must be properly documented so that you can prove to QCAT that they are in fact acting unreasonably.

We have the knowledge and experience to write the letters that will state your position and the position at law clearly. We will create the paper trail to help you demonstrate that you have tried to be reasonable.

We can advise you on your rights and obligations under your building contract and how the contract will ultimately influence the QCAT Proceedings.

Don't start or continue fights that you can't win. If you don't completely understand all of the provisions of the building contract it is essential that you have Lawyers Qld explain to you exactly how the contract may affect the outcome of the QCAT Domestic Building Dispute.

Often the success or failure of the QCAT building dispute is predetermined by your building contract. QCAT will ultimately enforce the provisions of the building contract. Building contracts can be very legalistic and complicated meaning that neither side really understands who is right or wrong until it is too late.

Ph Brisbane 07 30365233 or Gold Coast 07 56770533.

QLD Domestic Building Disputes in QCAT

What's involved in going to QCAT for a Building Dispute?

The content of your formal QCAT Application or QCAT Defence and Counterclaim is vital.

Lawyers Qld can draft your claim or defence and counter-application to ensure that you to protect your rights from the start. QCAT cannot provide the outcome that you desire unless you express your position clearly, respectfully and the first instance. It is very important that you understand QCAT's jurisdiction. If you ask for an outcome that QCAT does not have power to order, your claim will surely fail and the entire exercise will have been futile. Lawyers Qld can make certain that you don't lose before you even start. Advice on what not to do is invaluable.

Obtain evidence and statements | Present your QCAT Building Dispute case professionally.

Once you file your formal QCAT Application or Defence and or Counter-application QCAT will issue standard orders requiring you to file and serve all of your evidence and witness statements within a period of weeks.

Witness statements should be very comprehensive and attach documents and photographs which will prove your case. You can't rely on documents or photographs that you don't tender to the QCAT Member.

Engaging Expert Witnesses for QCAT Building Dispute Hearings

Many self represented litigants in QCAT Building Disputes don't realise that this is the opportunity to obtain expert evidence. Because Lawyers Qld frequently appear in QCAT Building Disputes they have unique access to a network of expert witnesses who can support your position with detailed technical reports. The experts will also provide a statement and can subsequently appear for you at any hearing.

Reports by QCAT building dispute experts, such as engineers, architects and private certifiers are very valuable. They can confirm that you are justified in making or defending a QCAT Building Dispute Claim. It is only logical that if there is no significant problem, or a problem that can be readily and cost effectively corrected - commencing or continuing a QCAT Building Dispute is probably not viable.

The expert can set out for you in a report what needs to be done to rectify the problem and how much that is likely to cost. This is how you can prove and substantiate the quantum (the dollar figure) of your claim. You will be dissatisfied with the outcome of the QCAT building Dispute if you are ultimately only awarded half or a third of the money you have claimed when QCAT makes its final orders.

To reinforce the need to seek legal advice from Lawyers Qld Building Dispute Lawyers before opportunities are lost we quote one of the standard QCAT Building Dispute orders as it relate to the preparation of evidence. "No party will be allowed to present any evidence at the hearing that is not contained in the written statements without justifying the need for such additional evidence to the Tribunal."

QCAT Building Dispute Compulsory Conference.

Often a QCAT Building Dispute claim will involve what is called a Tribunal order requiring that the parties attend a "Compulsory Conference". This is to provide the parties with one last opportunity to reach a compromise which is mutually acceptable. A QCAT "Member" which is a person like a Magistrate will conduct the conference. Lawyers Qld can attend a Compulsory Conference with you and offer support and guidance. Lawyers Qld can also help ensure that you don't inadvertently give away any of your rights and that if an agreement is reached, that it is properly documented and binding. It is advisable to seek legal advice from Lawyers Qld before you attend a QCAT Compulsory Conference. Call Brisbane 07 3036 5233 or Gold Coast 07 5677 0533 to speak with a lawyer.

QCAT Domestic Building Dispute Hearings in Brisbane

A building dispute hearing in QCAT is similar to a court hearing. If you are self-represented you will have to provide opening submissions to the QCAT Member then the witnesses will give evidence under oath and be cross examined. Various documents and evidence has to be formally tendered to the QCAT Member so that he or she may consider it. When the oral evidence has been heard by the QCAT Member usually each party will provide the QCAT Member with final written submissions on the evidence and the law. The QCAT Member will often read all of the written submissions on the law and the evidence after the QCAT building dispute hearing and hand down a decision in the weeks or months after the QCAT building dispute hearing. Each side is usually only allowed one expert in a particular field of expertise.

From a practical sense it is extremely difficult to be self-represented in QCAT and at the same time personally provide oral evidence in the witness box. Your opponent is entitled to cross examine you and you will not have the benefit of a Lawyer helping you to respond to the cross examination.

Your prospects of success in QCAT are increased immeasurably if you are guided by someone with the technical knowledge and experience to guide you through what can be a daunting process.

Where are QCAT Building Dispute Hearings Held?

The Brisbane Registry and Hearing Rooms of QCAT are physically located on levels 9 and 10 of the Bank of Queensland Centre, 259 Queen Street, Brisbane City, Queensland. Outside of Brisbane CBD QCAT operates through the Queensland Magistrates Court. The Magistrates Courts can receive all QCAT Applications and deal with minor civil dispute matters.

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