Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 135

135 Enforcing subcontractor’s charge on behalf of other subcontractors

(1) An action to enforce a subcontractor’s charge under this chapter may be brought by or on behalf of any number of subcontractors claiming subcontractors’ charges.

(2) Every action brought by a subcontractor to enforce a subcontractor’s charge is deemed to be also brought on behalf of every other subcontractor—

(a) who has given a notice of claim under section 122 ; and

(b) whose charge has not been extinguished under section 136 (3) ; and

(c) who becomes a party to the action in accordance with Uniform Civil Procedure Rules 1999 and subsection (3) .

(3) Subject to the Uniform Civil Procedure Rules 1999 , a subcontractor may become a party at any time before the date appointed for the hearing or any adjournment of the hearing.