Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 100B

100B Registering charge over property for unpaid adjudicated amount

(1) This section applies if—

(a) the claimant for an adjudication application is a head contractor; and

(b) an adjudicator decides the respondent for the adjudication application is required to pay an adjudicated amount; and

(c) the respondent does not pay the adjudicated amount as required under section 90 ; and

(d) the claimant files the adjudication certificate as a judgment for a debt under section 93 ; and

(e) the respondent, or a related entity for the respondent, is the registered owner of the relevant property.

(2) The claimant may request a charge over the relevant property, by way of a security interest providing security to the claimant for payment of the adjudicated amount, be registered by lodging all of the following documents with the registrar of titles—

(a) a request to register the charge over the lot made in the appropriate form;

(b) the adjudication certificate;

(c) a statutory declaration, made by or on behalf of the claimant, stating—

(i) the lot on plan description of the relevant property; and

(ii) that the adjudicated amount has not been paid to the claimant; and

(iii) if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.

(3) The registrar of titles may rely on the information provided by the claimant under subsection (3) to register the charge.

(4) In this section—

"lot" see the Land Title Act 1994 , schedule 2 .