Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 74H

74H Filing of certificate as judgment debt

(1) This section applies if—

(a) the commission decides to take disciplinary action, against a person, of a type mentioned in section 74D (a) , (b) or (c) ; and

(b) the disciplinary action takes effect under section 74G .

(2) The commission may prepare a certificate stating the following matters—

(a) the name of the person entitled to the payment of an amount (the
"claimant" );

(b) the name of the person who is liable to pay the amount (the
"respondent" );

(c) the amount;

(d) the date on which payment of the amount was required to be paid to the claimant.

(3) The certificate may be filed by the commission as a judgment for a debt for the claimant, and the judgment may be enforced by the claimant, in a court of competent jurisdiction.

(4) The certificate can not be filed under this section unless it is accompanied by an affidavit by the commission stating that the whole or a part of the amount has not been paid at the time the certificate is filed.

(5) If the affidavit states that part of the amount has been paid, the judgment is for the unpaid part of the amount only.

(6) If the respondent commences proceedings to have the judgment set aside, the respondent—

(a) is not, in those proceedings, entitled—

(i) to bring any counterclaim against the commission or claimant; or

(ii) to challenge the commission’s decision to take disciplinary action against the respondent; and

(b) is required to pay into the court as security the unpaid portion of the amount pending the final decision in those proceedings.