Queensland Consolidated Acts

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

100C Expiry of charge

(1) If a charge has been registered over relevant property under section 100B , the charge expires the day that is 24 months after the day the charge is registered.

(2) However, before the expiry of the charge under subsection (1) , the claimant may apply to a court of competent jurisdiction to extend the charge for an additional period of not more than 24 months.

(3) The court may grant the application for extension if satisfied the charge was registered under section 100B and it would be appropriate to make the order.

(4) If the court grants the application for extension—

(a) the claimant must notify the registrar of titles of the extension in the appropriate form; and

(b) the charge expires at the end of the extension.

(5) The charge also expires if—

(a) the adjudication decision for the adjudicated amount, the subject of the charge, is set aside; or

(b) the respondent pays into court, as security, the unpaid portion of the adjudicated amount, the subject of the charge, pending the final decision in the relevant proceedings; or

(c) after filing the adjudication certificate as a judgment for a debt under section 93 , a court dismisses the proceedings for the enforcement of the debt.