Queensland Consolidated Acts

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

100E Application to set aside charge

(1) If a charge has been registered over relevant property under section 100B , the registered owner of the property may apply to a court of competent jurisdiction to have the charge set aside.

(2) However, the registered owner may make the application only if the owner has given the claimant written notice of the owner’s intention to make the application.

(3) On hearing the application, the court may order that the charge be set aside if the court is satisfied—

(a) the adjudicated amount, the subject of the charge, has been paid; or

(b) the registered owner is not the respondent or a related entity for the respondent.

(4) If the court orders that the charge be set aside, the registered owner of the relevant property may, in the appropriate form, request the registrar of titles remove the charge for the register.

(5) The request must be accompanied by a copy of the court order.