Calendar Wednesday, December 19, 2018

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Community Sponsorships

Radford Invitational XI

JOBA Management Services© prides itself on being a financial supporter of community sport.

 

We take great enjoyment in being associated with Radford cricket and their involvement in Country Cricket Week each year. Read More...

Permitted/ Excluded Individual Applications PDF Print E-mail
Queensland Building Contractors

WARNING TO AFFECTED LICENSEES - FROM 1 JULY 2015 THERE ARE SIGNIFICANT CHANGES TO THE EXCLUSION PROVISIONS IN THE ACT. ONE OF THE CHANGES ARE THAT AUTOMATIC BANS OF THREE YEARS ARE APPLIED FOR EVENTS. FOR EVENTS ARISING POST 1 JULY 2015 THE PERMITTED INDIVIDUAL PROCESS IS NO LONGER AVAILABLE IN OTHER WORDS THERE IS NO LONGER A REASONABLE STEPS TEST.

 

THE COMMENTARY BELOW RELATES PREDOMINANTLY TO EVENTS ARISING PRE 1 JULY 2015. WE WILL UPDATE THE WEBSITE IN DUE COURSE.

 

JOBA MANAGEMENT SERVICES HAS BEEN VIGOROUSLY OPPOSING THESE CHANGES SINCE THEY CAME TO OUR ATTENTION IN EARLY 2015. OUR OFFICE AND MANY OTHER PRACTITIONERS IN THIS AREA WERE NOT CONSULTED. IN OUR VIEW THE QBCC / THE STATE GOVERNMENT HAS IGNORED THE GROSS INJUSTICES  THAT WILL INEVITABLY ARISE POST 1 JULY 2015 AS A CONSEQUENCE OF THESE CHANGES. WE SHALL CONTINUE TO LOBBY ALL RELEVANT PARTIES FOR CHANGES TO THESE PROVISIONS. SHOULD YOU WISH TO SUPPORT THE MOVEMENT PLEASE CONTACT OUR OFFICE AT This e-mail address is being protected from spambots. You need JavaScript enabled to view it AND WE WILL PLACE YOU ON THE MAILING LIST.

 

AS A CONSEQUENCE OF THE ABOVE IT IS IMPERATIVE THAT BUILDING LICENSEES WITH ANY POSSIBILITY OF FINANCIAL STRESS SEEK ADVICE AND RECONSTRUCTION ASSISTANCE TO AVOID THESE NEW PROVISIONS. PLEASE CONTACT CRAIG BALDWIN ON 0438 322 566 FOR SUCH ASSISTANCE.

 

 

 

Excluded Individuals


Pursuant to section 56AC of the Queensland Building and Construction Commission Act 1991 (‘the Act’) a Queensland Building Licensee is deemed to be an ‘excluded individual’ for the purposes of the Act following a personal insolvency event or involvement in a Corporate insolvency event.

 

The effect of this exclusion is that the Queensland Building and Construction Commission ('the Commission' / the 'QBCC') must not issue you with a licence for a period of five years from the relevant insolvency event unless you make representations to the Commission to become a permitted individual. Such representations must be made in writing to the Commission within 28 days of receiving notification of the exclusion.

 

The Commission will normally advise in writing of the exclusion immediately following an external administration appointment.

 

Joba Management Services are highly experienced in preparing these applications. Our services in this regard include:

  • Pre insolvency event advice to licensees and their advisors includiing insolvency strategy;
  • Preliminary Prospects assessments for licensees and their advisors (including a consideration of the validity of the notices received);
  • Preparation of Permitted Individual Applications;
  • Preparation of QCAT reviews opposing the exclusion categorisation placed on an individual or Company (including pre review negotiation, if appropriate, with the QBCC);
  • Preparation of QCAT reviews where the Permitted Individual Application is unsuccessful; and
  • Litigation support to engaged solicitors on QCAT reviews (after initial filing of review).

 

We receive hundreds of enquires each year on these matters and have prepared the attached Frequently Asked Questions for the benefit of licensees and their advisors (click here).

 

 

 

Excluded Companies

 

Similarly, ongoing licensed entities associated with an 'excluded individual' are categorised as an 'excluded Company' under the Act requiring action to be taken.

 

 

 

Life Bans

 

Where two exclusions have arisen since 1999 the individual will be exposed to a life ban under the Act. It is irrelevant whether the insolvent entities were involved in the building and construction industry or not.

 

 

 

Our Expertise


Permitted Individual Applications (and opposing exclusion categorisations), if performed correctly, are generally a hybrid of the disciplines of law, insolvency, accounting and of course building and construction.

 

Given our expertise in the relevant disciplines and the fact we have been specialists in this area for many years makes JOBA Management Services the obvious choice for contractors and their advisors. This is quite aside from the obvious commercial advantages of engaging a specialist suburban firm at a significant cost discount to CBD alternatives, should they in fact exist.

 

These are significant applications often involving many folders of information detailing insolvency and related analysis. For this reason, neither contractors or their advisors ought to delay addressing the issue.

 

We welcome the opportunity to work with contractors and their professional advisors in such matters.

 

Notable tribunal decisions we have prepared / ran in recent years include:

 

  • Meredith v  QBSA [2010] QCAT 188 (27 April 2010)

 

  • Meredith v QBSA [2012] QCAT 146 (10 April 2012) & appeal QBSA v Meredith [2013] QCATA 152 (23 May 2013);

 

  • Bohan v QBSA [2010] QCAT 404 (14 May 2010);

 

  • Weldon v QBSA [2008] QCCTB 178 (26 September 2008); and

 

  • Morsali-Yekan v QBSA [2008] QCCTB 237 (20 November 2008)*.

 

*JOBA Management Services only prepared the successful Company application. Third parties provided advice to client after the Company application was submitted.

 

There are of course numerous instances where the Tribunal is not required and / or matters have been resolved prior to a Tribunal hearing.