CONSTRUCTION Alert: Queensland Court of Appeal overturns both first-instance decisions in Agripower and BMA v BGC

14 January 2014


On Friday, 20 December 2013, the Queensland Court of Appeal delivered two significant decisions which provide some important changes to the application of the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act).

The decisions in J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406 (J & D Rigging v Agripower) and BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors  [2013] QCA 394 (BMA v BGC) allowed both appeals against the respective trial decisions which had both been the subject of much commentary and debate.

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